Fathwa, - Rights of wife after Khul'

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Question
1.if khula happens,is it husband's right to get back "mahr" & "shabka"?or "mahr" only? 2.what's is allowed & what's forbidden in the waiting period after divorce?is the divorced woman allowed to go out for study or shopping or to take her kids out?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, is His slave and Messenger.
First of all, it should be mentioned that a woman should not ask for divorce orKhul')to ask for divorce in return for compensation( without a sound reason, as the Prophet, said:''The women who )frivolously( ask for Khul' are hypocrites.'']Abu Daawood and At-Tirmithi[
Similarly, it is forbidden for a husband to treat his wife harshly and harm her to an extent that she would be prepared to give him anything in order to get a divorce orKhul'. Allaah Says )what means(:}…and you should not treat them with harshness, that you may take away part of the dowry you have given to them.{]Quran 4:19[ Therefore, one should not resort to Khul' unless there is a need for it, like when it is impossible to continue the marital relationship. For more benefit, please refer to Fatwa 87289.
As regards the''Shabkah'' )gold or jewellery(, if the husband had given it to his wife as a gift, then he is not permitted to ask for it or take it back as it is forbidden to take back a gift. The Prophet, said:"A person who takes back a gift is like a dog which eats what it vomited."]Al-Bukhaari and Muslim[
However, if the husband had offered the Shabkah as part of a dowry, or that this is the prevailing custom, then he is permitted to take back the full dowry including the Shabkah. For more benefit, please refer to Fatwas 88813and 89039.
As regards to what a woman inKhul'is permitted to do, then her ruling and waiting period are like that of a divorced woman, according to the view of the majority of the scholars. However, she is not obliged to observe a mourning period and do what a widow whose husband has died is obliged to do. Indeed, she may go out of her home for a need provided she observes the religious requirements, like wearing the Hijaab and not staying in seclusion or mixing with marriageable men.Allaah Knows best.










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Fathwa, - Wants divorce from her jobless adulterous husband

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Question
Assalamu Alaikkum I really would like to get seperated from my husband.Let me menstion few things that made me write that i need divorce.My husband, basically he is an engineer, but never has gone for any job.I used to ask him to do something rather than sitting ideal at home.Actually i think of divorce is because of his immoral character.I mean, he has many girlfriends, even in front of me he used to talk to them, will go for outing with them, doing masturbation even in public places, having sex with different girls, drinking alcohol etc with the income what I am getting.I tried to correct him in all the ways, even consulted with counselors.The doctors told me it is a behavior and he has to change it himself.Then we both came to GCC in the year 2000.But unfortunately there was no change in his character and in fact here his adultery became more and when I stop giving him money he even start stealing things.Two Three times he has been caught by the police for doing masturbation in public places and for stealing.This all made me fed up and in 2004 my family told me about getting divorce and they have asked him to do so, but he looked at me so pathetic and confessed to me his mistakes and really begged me not to ask for divorce and promised he will become good.Then again I arranged another visa for him and we start living together.But again caught by the police and he got deported to India and on March 2006 I have gone to India for my holidays.Then he came to my parent’s house were I stayed.But again he tried to hug or kiss one 12year girl.Then i decided to end my 12years married life.But he is not at all ready to give divorce.we do not have children.So based on all these facts I desperately need your advice and the ways for doing Fazeh or Khulh as it is totally difficult to get Talak from his side. More over for the last 7months I don’t know where is he? Can I do Fazah or Khulh?I also would like to know whether it is approved by Indian Jurisdictions or not?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammadis His slave and Messenger.
First of all, we ask Allaah to make a way out to your difficulty, solve your problems and relieve your hardship.
As regards your questions, we have already clarified in Fatwa 88330that the wife is obliged to advise and admonish her husband if he is disobedient and sinful. If she is harmed by his persistence in sinning and in being negligent, she may ask for divorce orKhul')divorce in return for compensation the wife pays to the husband( by giving him back his dowry or whatever they agree upon. In case he refuses, she may take the matter to the Muslim judge in order to oblige him to divorce her, or he ]the judge[ may himself invalidate the marriage contract between them as clarified in Fatwa 89039.
Since your husband is as you mentioned in the question, then we advise you to separate from him by taking the matter to the courts of justice or any institution which may act as such in your country and grant you divorce.
Concerning the legal procedures in your country, we are not aware of them, as this is not the speciality of our site. Rather, you should consult specialist people in the field, like legal attorneys and the like.
Allaah Knows best.











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Personal, - Social evils that are destroying Muslim communities - I

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The role of the individual in Islam is not limited to fulfilling the five pillars. The Muslim in an Islamic community has a greater responsibility than is usually understood. All of a Muslim's activities in life are included as acts of worship depending upon the intention underlying them. Nothing is required from a Muslim beyond service to Allaah The Almighty, and nothing is accepted from him, which is not a service. Every individual's responsibilities fall into two parts: his responsibility to adhere to the teachings of Islam and his responsibility to enjoin good and forbid evil – which is social reform. There is a reason why enjoining good and forbidding wrong comes first, even before faith. It emphasizes the Muslim's duty and implies faith can only be realized by certain actions, which maintains a relationship between the individual and society.
Neglecting these duties leads to widespread corruption and an increase in evils that consume the core of the community, such as the following:
Indifference:Muslims are commanded to play a positive role in their community and assist in enjoining matters of virtue and preventing evil by as much as they can. Many Muslims stray away from the right path because they do not find anyone to assist them and rescue them from straying in their communities, as those around them act indifferently. One should not underestimate any input he can give in such cases and consider the story of the imprisonment of Imaam Ahmad, may Allaah have mercy upon him, to see how effective a person can be if he takes the initiative and does not act indifferently. When Imaam Ahmad, may Allaah have mercy upon him, was imprisoned, a thief was with him in the same cell. The thief said to him, “O Ahmad! I persevere and tolerate the punishment I receive while I am upon falsehood and being punished for a sin. Would someone like you, who is suffering as a result of being upon the truth, not persevere and endure?" Thus, this thief played an important role in comforting and consoling Imaam Ahmad, may Allaah have mercy upon him, in a difficult situation.
Underestimating the harms of intermixing and neglecting to lower the gaze:If members of a particular community give free rein to their sight, do not adhere to the Hijaab )Islamic attire for women( and women wear perfume before leaving their homes, the most obvious outcome is the spread of immorality in the community. Immoral films, TV programs, obscene content on the internet and intermixing between the two sexes are other causes that have led to people committing sins and indulging in immorality. People nowadays mix with the opposite sex in universities, schools and workplaces, while Yoonus bin ‘Ubayd, may Allaah have mercy upon him, said: “Never be in seclusion with a woman, even if you wish to teach her the Quran, and even if only you would be the one reciting."
Being ill-mannered:Many people possess three very evil qualities, namely: lying, cowardice and miserliness, and these are the worst three qualities a person can possess. There are also many other evil qualities that we must be mindful of and hold ourselves to account regarding, such as backbiting, badmouthing others and tale-bearing, while replacing them with praiseworthy qualities and morals.
The Salaf )righteous predecessors(, may Allaah have mercy upon them, would rebuke themselves for every word they uttered, words which would be considered very normal to people nowadays. Maalik bin Dhayghan, may Allaah have mercy upon him, said,
“Rabaah bin Qays once came asking for my father after the ‘Asr prayer, but he happened to be sleeping, so we informed him of this, to which he remarked: `Who would sleep at this time of the day?` Then he left. We sent a man after him to see if he wanted us to wake my father up for him, but this man did not return until it was time to pray Maghrib. When we asked him why he returned so late, he said: `I followed him to ask him, but found that he was headed to the graveyard while rebuking himself, saying: `What business is it of yours to ask this kind of question? Why do you ask what does not concern you? What is it to you when people go to sleep? People are free to sleep any time they desire, why did you indulge in what does not concern you?...`'”
Note how lightly such a question would be taken in our time, and how strongly he rebuked himself for asking it.










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