Fathwa, - Her husband wants to reconcile although he took back his dowry and gifts

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Question
Aslam-O-Alikum I have few questions on Kulah )Divorce Claimed by Wife(. • When wife retuned all dowry or gifts back to husband & but husband still not given her divorce & and wants her to continue the relation and reconcile everything. What is the Islamic ruling on that either husband libel to divorce her or can do reconcile. • If she ready back to live than it is necessary to perform Nikh or old one is continue. Thanks Qamar
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.
If the husband had uttered the Khul’ or divorce on the condition that the wife will give him back the dowry, then separation between them took place and the husband cannot take her back except with a new contract.
However, if the husband did not utter the words of Khul’ or divorce, then according to the most preponderant opinion of the scholarsseparation does not take place just by the wife giving back the dowry to the husband. So, she is still his wife and he is not obliged to divorce her. However, if she hates him, then it is desirable for him to accept to give Khul’ to her but if they reconcile and the wife is pleased to stay with him, then the bond of marriage is still valid and there is no need for a new marriage contract.
Allaah Knows best.










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Fathwa, - His wife asks for a divorce for no valid reason

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Question
My wife who recently left to her house with my son on a normal vacation has now sent me an email with the following points saying it to be the reasons for us to get separated and that there is nothing left in our relationship...before departing my home she has left very normal without giving me or my parents any hint of these problems.... 01. First reason she states that the moment she has entered my house she has faced frequent humiliation and taunting and due to this she is now suffering from Migraine ] This medical condition was not even least observed during her entire stay in my house[ 02. Second reason she states that after delivery i have not taken proper care about her by not sending her regularly for post pregnancy massages. 03. Third reason she says that never ever have i taken her any where for honeymoon even though all her maternal uncles have been sent by her grandparents for Honeymoon. 04. Fourth reason she states that during her entire stay in her parents house she used to have two servants but now in my house there are no servants dedicated to her and that my mother treats her like a maid ] truth is whatever work she does -it's just for me and my mother does 4 times the work for my father and other members of my family[ 05. Finally she mentions that though she compromised on my baldness and obesity at the start of my marriage now that i have actually gained 7 kgs she now hates to see me. Kindly advice me if the above reasons are valid as per Islamic shariah for her to claim a divorcé. also if hey are not valid what is the punishment in the eyes of Allah SWT for such women who claim for divorces without proper and valid reasons ..She has my 6 months old son and while leaving from here did not even give a slight hint of her plans..even after going to her country she used to speak to my mom very friendly for about a month and it was only last week after instigation from her mother that all these things have started..iam feeling misera
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.
We previously clarified in Fatwa 85390that it is prohibited for the Muslim woman to ask for divorce without Sharee‘ah-approved reasons, and a woman who does so deserves the punishment stated in the Hadeeth of the Prophet)mentioned in the same Fatwa(. Nevertheless, there are some cases in which it is permissible for the woman to ask for divorce as previously clarified in Fatwa 84309. These reasons include suffering obvious harm.
As for your wife's saying that she faced frequent humiliation and taunting, this is a mere claim which needs to be proved. If such harm is entailed by your family, you can try to deal with it by providing an independent house for her, since this is one of her rights on you.
On the other hand, it is permissible for the Muslim woman to request Khul’ from her husband by paying compensation in return for divorce if she hates him and accordingly fears to neglect his rights. For further information about Khul‘, see Fatwa 89039. Moreover, the husband is not required to take his wife on a honeymoon. As for the maid, scholars state that if the wife cannot serve herself because she belongs to a noble family of high status or she is sick, the husband has to provide a maid for her if he is able to.
Furthermore, it is not the right of the wife to be sent to post-pregnancy massages. Rather, a massage may become impermissible when it involves prohibited matters such as disclosing the ‘Awrah )parts of the body that must be covered in Islam( without a need. Anyway, we advise you to try to deal with the matter wisely and you may seek help of wise people within your family and her family to reconcile between both of you. If reconciliation occurred, it would be fine, but if she persisted in asking for divorce, you may decline to divorce her until she pays compensation that you both agree on.
Allaah Knows best.










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Fathwa, - Took Khul' without having the intention to remarry

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Question
A women has taken Khula from a court in Pakistan. Her hasband was habitual drinker,did not meet day to day the expenses of his wife, beet her several times and has a group of friends who are regular drinkers, theif, dacoit etc. She was at her mothers house for the last 2 years. A proposal came to her by a man and she decided to take divorce and to marry this man. She though had already decided to take Khula but did not have any intentions to remarry. Is this Khula true and valid ? She use to take and dinner with the man who proposed her during all court proceedings, dineout as well and deeply fall in love with him. She kept on taking him on phone during iddat which she observed for a month as per Shafai Fiqha Please answer at your earliest
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.
Before answering your question, we would like to mention that a husband is obliged to spend on his wife according to his circumstances if he is well off or is poor. If he does not spend on his wife the obligatory spending, and she finds his money, she is entitled to take from it what suffices her according to what is permissible. If she does not find any of his money or that he is in financial difficulties, and she spends on herself from her own money with the intention of asking him to reimburse her for that, then this is considered a debt on his shoulder and she is allowed to ask him to pay her back. For more benefit, refer to Fatwa 85012.
If a woman is harmed by staying with her husband because of his dissoluteness – as is the case of an intoxicant addict – or by harming her physically by beating her, or harming her psychologically by insulting her, and so forth, then it becomes lawful for her to ask him for Khul’ or divorce.
You should know that there are some pillars for Khul’ if they are met, the Khul’ is valid. The pillars of Khul’ are the husband, the wife or her guardian or her authorized person, the wife being in a wed-lock with her husband, in addition to the compensation and the wording )of Khul’(. A wife having the intention to marry or not to marry after obtaining Khul’ does not affect the validity of Khul’.
On the other hand, if a man proposes to this woman while she is still a wife of her husband, then he is sinful for spoiling the marital relationship between her and her husband. Both the wife and that man are sinful for establishing an affectionate relationship between them, and the wife is sinful for going out with him and talking to him on the phone. She is also sinful if she had left her husband’s home without a sound reason. Therefore, they are obliged to sincerely repent to Allaah. For information about the conditions of repentance, refer to Fataawa 86527and 87903. Also, please refer to Fatwa 81356on the prohibition of establishing an affectionate relationship outside the bond of marriage.
It should be noted that there is a controversy among the scholarsin regard to the ruling on the marriage of a man with a woman whom he spoiled the relationship between her and her husband. The view of the majority of scholarsis that such marriage is valid, whereas the scholars of the Maaliki School of jurisprudence are of the view that it is not valid. For more benefit, please refer to Fatwa 92056.
Moreover, the waiting period of a woman in Khul’ is like the waiting period of any divorced woman according to the view of the majority of the jurists; among whom are the scholars of the Shaafi’i School.
Therefore, if a woman has menses, her waiting period is three menses; the minimum period of menses according to the Shaafi’i School is one day and one night, and its maximum period according to them is 15 days. The minimum period of purity between two menses is 15 days and there is no limit for its maximum period. So, according to the Shaafi’i School, the three menses can not happen in one month.
Allaah Knows best.










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