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Saturday, March 1, 2014

Fathwa, - Waiting period of the woman in Khul’













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Question
Assalam Alay Kum! I urgently require clarification on the issue of duration of Iddah after Khul. I have read and heard that it is 3 months in case of Talaaq.I have come across this hadith Please comment on it and tell me if it should be ignored?OR it can be followed. Hadith was narrated from Ibn ‘Abbaas that the wife of Thaabit ibn Qays ended her marriage to her husband by means of khula’ at the time of the Prophet )P.B.U.H(. The Prophet )P.B.U.H( commanded her to observe an ‘iddah of one menstrual cycle. )Narrated by al-Tirmidhi, 1185; Abu Dawood, 2229. Also narrated by al-Nasaa’i )3497( from the hadeeth of al-Rabee’ bint ‘Afra’. JAZAK ALLAH 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.
The scholarsdiffered in opinion about the issue of the waiting period of a woman inKhul')asking for divorce in return for compensation(. Some of them act according to the narration which you referred to in the question, that a woman inKhul'should observe a waiting period of the duration of one menstruation; this is the view ofIbn Taymiyyah. However, there is a controversy about the chain of narrators of the above narration; some scholarsclassified it as authentic and others classified it as weak. On the other hand, the majority of the scholarsare of a different view; their evidence is the saying of Allaah )which means(:}Divorced women shall remain in waiting ]i.e. do not remarry[ for three menstrual periods.{]Quran 2:228[
The waiting period differs according to the state of the divorced woman. The waiting period of some of women are calculated by months, and for some others they are calculated by three menses, and so forth. Allaah Knows best.










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Fathwa, - Her husband refuses to divorce her without taking compensation













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Question
my husband is refusing to give me talaak just to punish me. he has agreed for the court divorce though. we have not been living together for the past 8 months n hes staying with another woman who he had an affair with, thus the reason for our separation. now he wants money from me n threatens that unless i give me half of my weath, he wont give me a talaak. beleive me, ive approached many isl organisation, granting a khula is not an easy process. it sounds easy, but wen a woman ask for a khula, the ulamas have a field day. im so frustrated i dont know where to turn to. ive submitted all doc n answered all question but still i feel because im a woman, i have to be patient n wait. my ex has been summoned n did not appear. the muslim council tell me they will keep calling him. n this may take months if not years. im at my wits ends. pls advise
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.
You did not clarify to us whether that woman became his second wife or he is still in illegal relationship with her. If she is his wife, it is not permissible for you to ask for divorce just because of this reason as he is Islamically permitted to marry a second wife. For more benefit, please refer to Fataawa 88007and 83644.
However, if he lives with her illegally, ]i.e. without marrying her[ then he should be advised that it is forbidden for him to continue this relationship with this woman, as this advise may lead him to repent and cut the relationship with her, and then the reasons of dispute between you and him will be over.
Nonetheless, if he insists on this illegal and illicit relationship, you are permitted to ask him to divorce you and it is not permissible for him to keep you hanging )neither divorced nor married( just in order to harm you as this is an injustice. Allaah Says )what means(: }…and do not keep them, intending harm, to transgress ]against them[. And whoever does that has certainly wronged himself.{]Quran 2:231[. He is obliged either to keep you in kindness or divorce you in kindness.
We advise you to continue contacting the Islamic council in your country, and you may seek the help of some of your relatives, or some trustworthy people to urge the people who are running the council to try to remove the harm off you ]by getting you a divorce from your husband[. Nevertheless, you should be patient and earnestly supplicate Allaah to make a way out to your difficulty.
As regardsKhul')to ask for divorce in return for compensation(, the scholarsstated that if it is the wife who is disobedient, then it is permissible for her husband to take compensation from her even if it is more than the dowry provided she agrees to it, and if this does not cause harm to her. However, if it is the husband who is disobedient, and the wife gives him money out of fear to be harmed by him or due to him being unjust to her or due to him harming her, then it is not permissible for him to take compensation and if he had taken from her something on this basis, he should give it back to her.
Anyway, if your husband insists on the money and you are not greatly harmed by giving it to him, then it might be good for you to give it to him in order to obtain divorce from him and the harm will be removed off you if it cannot be removed except by divorce.
Of course, all the above is based on the fact that your husband did not initiate divorce to you, because if he uttered divorce to you, then it is valid even if the procedures of the court are not yet finished.Allaah Knows best.











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Fathwa, - Dowry items of a wife who left her husband’s house and asks for divorce













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Question
MY WIFE LEFT MY HOUSE AND TOOK MY CHILD ALSO WITH OUT MY PERMISSION AND AFTER 1 YEAR SHE FILED A CASE IN THE COURTAND SOUGHT KHULA.I WANT TO ASK THAT HER DOWER MATERIAL STILL LYING WITH ME AND AS PER ISLAM WHAT SHOULD I BE DOING WITH HER MATERIAL WHICH SHE BROUGHT AT THE TIME OF MARRIAGE
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.
Khul'is seeking divorce in return for compensation, so if a woman asks for divorce and the husband was not the cause for her asking divorce, then he is permitted to take a compensation for divorcing her, which is something agreed upon between them. Therefore, if you agreed with your wife for this compensation to be what you called the dowry items, then it is permissible for you to take that, otherwise it remains her property.
The following matters should be mentioned:
1- A woman is not permitted to leave her husband's house without his permission. If she does so without any valid reason, then she is a disobedient wife.
2- A wife is not permitted to ask for divorce except for a religious reason.
3- Divorce leads to serious consequences on the family, especially if the spouses have children. It is for this reason that whenever reconciliation is possible, one should resort to it. Allaah Says )what means(: }…and settlement is best.{]Quran 4:128[.
Allaah Knows best.










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