Fathwa, - Matters related to Khul'

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Question
Respected Mufti Sahab, I have requested for khula from a Qazi court of Karachi which is also known as family court. I have been granted marriage dissolution on the last day of pre-trial and my x-husband was also present providing reasons to judge against divorce. I took khula on following grounds: 1- he had none basic knowledge of Islamic rules and norms although he was an hafiz, but did not know difference between na-mehram and mehram. 2- the whole family fought and argued on trivial matters and my -husband and x father in law abused me and my family alot. 3- he went away on far away trips with his bhabi and obliged her to an extent which was not accpetable for me. 4- he disconnected communication with me and my family for long and we tried everything in our power to resume it. 5- my rukhsati did not happen because he had no plans for it 6- encourgae all sort of bidats and rituals wanted me to limit my extent of parda 7- there were huge mental compatibility gap among us and I tried my level best to make teh relationship work but it was not in our fate. therefore, I requested for Khula. My question is I have been told by few Immams that my khula did not happen as he did not sign any legal papers and did not utter the word talaq, am I going to be bonded with him even if I get marriage dissolution from an Islamic court or qazi court? what is the solution in Islam for such cases? Why Mufti and Alim hold such a negative attitude towards Khula as me and my parents have been tolerating harsh behaviour ever since. how a women, who wants to live according to suunah and Islam, solves this khula problem? when a male is not competent enough or ugly Islam gives right to women for talaq, how come I cn not get it on moral grounds? Please answer me I am in a desperate state. JazakAllah Al Khair
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.
In principle, it is not permissible for a wife to ask for Khul’ from her husband without having a sound reason. It is confirmed that the Prophet, said: “The wives who ask for Khul’ are the hypocrites.” ]Ahmad and At-Tirmithi[
Nonetheless, if the wife has a sound reason, it becomes permissible for her to ask for Khul’. Therefore, if you are harmed by staying with your husband, or hate to stay with him, then it is permissible for you to ask for Khul’. For more benefit, please refer to Fatwa 89039.
However, Khul’ cannot take place except with the consent of both parties – we mean the husband and wife – this is in principle, but some scholarsstated that there are some cases when Khul’ takes place even without the consent of both spouses.
As regards signing official papers, then this is not necessary. Rather, if an Islamic court issued this Khul’, it becomes effective because the Muslim judge would not take the initiative to issue Khul’ except after the Islamic considerations have been met )and confirmed to him(. Indeed, the scholarsstated that if the ruling of the Muslim judge is based on strong evidence from the Book of Allaah or the Sunnah of the Prophet, or the consensus of the scholars, then it is not permissible to refute it.
Hence, if your waiting period )after Khul’( has expired, it becomes permissible for you to marry another man, but it is more appropriate to finalize the marriage contract in an Islamic court so that this would prevent any negative reactions from your ex-husband; this is the answer to your question ‘how can a women, who wants to live according to the Sunnah and Islam, solve this Khul’ problem?.’
We did not understand what you meant by your statement: ‘Why the Mufti and 'Aalim hold such a negative attitude towards Khul’. If you mean what you previously pointed out that the Khul’ is not valid because the husband did not sign the official papers, then the scholar ]who issued such a Fatwa[ may have his own Ijtihaad )i.e. the effort a jurist makes to deduce the verdict( about it, so one should seek excuses for him.
As regards your statement ‘Islam gives right to women for talaaq )divorce(…..etc.’ , then the answer is as we have already mentioned that if the wife is harmed by staying with her husband, then this is a sound reason for her to ask for divorce or Khul’.
Finally, we would like to draw your attention to the following matters:
1. The husband is Islamically required to have a good marital relationship with his wife as Allaah Says )what means(: }And live with them in kindness.{ ]Quran 4:19[ So, if the husband mistreats his wife and he does not contact her for a long time, then this contradicts the above Divine Order.
2. The in-laws should have good relations with each other because of this bond )marital relationship( that links them. Indeed, the Prophet, used to have good relations with his in-laws.
3. A husband should be a good example for his wife and he should help her in doing good, and not be a follower of Bid'ah )religious innovation( trying to influence her in a bad way regarding her abidance of the Hijaab.
May Allaah enable us all to do what pleases Him and whatever He likes.
Allaah Knows best.

- PUBLISHERNajimudeeN M

Fathwa, - Compensation for Khul' incase husband did not give Mahr

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Question
i took khul'a from the man i was married to. correct me, the procedure of khul' is that i have to return the mehr money or any gift or dowry from him, but in india the girl's father gives her dowry which included complete room furniture and kitchen equipments, also i was not given my mehr money, so in my case i have the right to take back complete dowry my father gave me, am i correct? he didnt give me my mehr money so theres no question of returning, he did gave me a gold earrings which i returned to him, tell me what apart from the earrings is his right? the gold which my father gave me on wedding in aslo in his house, does he have the right to claim the dowry n gold as his? also he demanded a large sum of money which was paid to him for khul' was that which he claimed his right? he claimed money n is also not ready to return my dowry, my question is how much right do i have n what are his rights. please clarify
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.
Khul' is the separation of a wife from her husband in exchange for some compensation she pays to him. This was previously explained in Fatwa 89039. This compensation depends on their mutual agreement. If you agreed with this man on a specific compensation, and you paid it to him, then you are not required to pay anything else. There is disagreement among the jurists regarding whether the husband may take more than the Mahr )dowry( in the case of Khul'. The prevailing opinion is that the husband does not take more than the Mahr from his wife. We note here that some of the scholars concluded that if the husband harmed his wife )to make her ask for Khul'(, then he is not allowed to take anything for compensation.
However, your husband has no right to take the gold which your father gave to you or any furniture with which he provided you as this is not considered part of the Mahr. Rather, the Mahr is a right for the wife over her husband. There have been previous explanations for the invalidity of the Indian custom of the wife’s family paying the Mahr to the husband and how that contradicts the Sharee‘ah. For more details, please refer to Fataawa 85873and 88939.
As we mentioned, the Mahr is the right of the wife over her husband. Hence, if he specified an amount of Mahr in the contract, then that is her right. If he did not specify an amount, she should receive the same dowry as other woman of the same social status like her. As for the husband, his right is that he takes the agreed upon compensation as mentioned above.
Lastly, we note that these matters that breed dispute cannot be sufficiently dealt with in a Fatwa. Rather, it is best to refer this to the authorities specializing in Islamic judgments in those lands lacking Islamic courts, like Islamic centers, etc.
Allaah Knows best.

- PUBLISHERNajimudeeN M

Fathwa, - His wife enforced Khul' without his consent

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Question
ASAK, My friend was very good person, Whenever his wife does any wrong also he use to advice her not to do like this )fear from ALLAH( but still she was doing wrongs things like that telling lies, backbiting etc., she used to obey her mother families only, but she didn’t care her husband & his family. After somedays she started fighting to go separate but my friend told it is not possible. So she went to her mother house she did not came since from 1½ year afterward she sended the bond paper like khula nama signing on the bond. Whether this relationship is valid or not…….? Without permission of husband she did like this, what if she marry another person. Whether 1st marriage will vailid or not. What can my friend marriage to another girl or should take permission from his 1st wife …………………?
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.
Khul’ has some pillars without which it is invalid, among which is the consent of both parties – i.e. the husband and the wife – with the exception of some cases like the Khul’ issued by the arbitrators as stated by the jurists.
Therefore, if this document denotes that this woman has divorced her husband, then divorce is in the hands of the husband as clarified in Fatwa 86780; this is the principle, and the wife is not entitled to issue divorce unless the husband had given her permission to divorce herself from him; there are certain conditions for this.
Since we neither know the content of this document nor the authority who issued it, then we cannot authoritatively assert whether or not the marriage bond is still valid. But in principle, it is still valid as it is known.
Therefore, we advise you to consult the trustworthy Islamic organizations such as the Islamic Centers and the like. For more benefit on the rulings on Khul’, please refer to Fatwa 89039.
If that woman is still the wife of that husband, then it is not permissible for her to marry another man; if she does so, it will be a void marriage. Among the impediments of marriage is that the woman is still the wife of her husband; as Allaah Says about the women whom one is prohibited from marrying )what means(: }And ]also prohibited to you are all[ married women.{]Quran 4:24[
Hence, the first marriage remains in its original state which is validity as we have already discussed.
On the other hand, if the husband is able to be just )between two wives(, then it is permissible for him to marry a second wife and he is not obliged to seek the permission of his first wife as we have already clarified in Fataawa 85948and 84411.
Finally, we would like to point out to the two following matters:
1- The wife is obliged to obey her husband in what is permissible.
2- It is not permissible for the wife to go out of her husband’s home without his permission otherwise she is Naashiz )recalcitrant(. For more benefit on how to treat a recalcitrant wife.
Allaah Knows best.

- PUBLISHERNajimudeeN M