Khula Islamqa

[Regulo Akers]

Fromthe above ayah, it is clear that Khula can only be carried out with the consent and agreement of both the husband and wife. The wife does not have the jurisdiction to enforce Khula without the consent of her husband.

However, if the couple cannot come to an agreement the wife may take her case to an Islamic court or a Shariah Council who will evaluate the arguments and evidence presented and then come to a verdict that will be binding on all parties as in the case of the wife of Thabit (radiallahu anhu) at the time of the Prophet Sallallahu Alahi Wasalam. (Sunan Abi Dawood 914).

If the wife went to a non-Islamic court and initiated divorce proceedings and the court sent the divorce documents to the husband, and he willingly, fully understanding the contents signed it, then the divorce will stand from an Islamic perspective also. (Raddul Muhtar p.464 v.2) However, if he did not sign any written document, but the court divorced him on behalf of his wife against his will, then according to Shariah this will not be classed as a valid divorce.

From the aforementioned information, the upshot of it all is that if the scholar was doing a khula then he needed to get permission from the husband. However, if it was an Islamic Sharia Council then they could also annul the marriage without the permission of the husband as long as the effort was made in contacting him, but the husband failed to reply to their calls.

An Islamic Shari Committee can annul a marriage if they have at least three just persons sitting therein. They should all be knowledgeable and well versed in Shariah laws on marriage and divorce. An annulment issued by such a committee is valid in the Shariah. (The Complete System of Talaq p.211)

Regarding your situation, it seems to me that this scholar gave a ruling of khula without consent from your husband. If that truly was the case then you are still technically considered to be married to him. In spite of what I have said, from your question, there also seems to me that a Talaq Kinayah (an irrevocable divorce that will break the marriage straightaway) may have occurred if your husband said that he is ending or terminating the marriage.

We had 3 meetings in local Jamat (Mosque) related to this issue and my wife was not able to provide a single instance to proove her allegations on me. For most of the questions she and her family not able to answer instead of keeping silence.

From the above ayah it is clear that Khula can only be carried out with the consent and agreement of both the husband and wife. The wife does not have the jurisdiction to enforce Khula without the consent of her husband.

An example of this can be found in a hadith where once Jamilah Bint Saluul came to the Prophet of Allah wanting a khula from her husband. The Prophet of Allah told her to return the garden which she took from her husband as the dowry, back to him. (Sunan Ibn Majah p.148 v.1)

There is a Muslim sister who was married to a brother. At the time, they were both not praying, fasting or anything. She was not wearing hijab either. Then she changed. She started to wear the hijaab, pray, fast, and has now adopted the niqaab and is seeking knowledge as well as the principal advisor of an Islamic school.

Her husband is still not praying nor does he intend to as he has told her. She and he have had many arguments and he still will not pray. The mother was commanded by the husband on many occasions to take of the niqaab when she is with him in public and at one moment in time, he ripped it from her face and drug her inside, so that she could not leave the house to do her principal duties at the Islamic school.

This has been going on for quite a few years. Now the sister wants a divorce. He does not, so then she decided to seek khula. But I wanted to know, due to the fact that she has asked me, how is the khula procedure in the Hanafi school as well as if the following make any difference.

4) Must the wife pay the husband and how is this affected if he has not given her the mahr? How would she give him half the value or the value of the mahr that he gave her when he has not given her the mahr as of yet?

6) She has explained that every time that she sees him she feels sick and she has prayed istikhaara numerous times and has no doubt in her heart that she does not want to be married to him any longer.

In the situation where a woman can no longer remain in the marriage of her husband and all attempts to save the marriage have failed, then the ideal solution would be for her to obtain a divorce from the husband. The husband, seeing that the marriage is futile and there is no hope of reconcilement, should also issue one divorce according to the prescribed method in Shariah.

The couple can normally agree upon any financial arrangement they desire. However, the Fuqaha state that, if the husband was at fault and it was his wrongdoings that resulted in the failure of their marriage, then it is impermissible for him to demand a financial payment in return for a divorce. He should divorce the wife without demanding anything in return.

If they did remarry, the husband will only remain the owner of two more divorces. Meaning, if he further issued two more divorces, it will total to three, thus he will not be able to take her back until she marries another man. (See: al-Mabsut, 6/173)

I was hoping you would be able answer a question in regards to requesting khula. I have been separated for 4 months and my ex husband as agreed to grant me khula. But i have been told that I need to had to have witnesses present at the time of requesing and/or the request needed to come from an ulima and not me, thus making mu Khula invalid. With my ex husband already granting me separation/unalment of the marriage is there anything else I need to do? Is the Khula valid?

Salam Alaikum.

One of my cousins (girl) took khula from her husband recently. Since last 3 months, she had been staying with her mother (away from her husband) and then applied for Khula from her husband last week.

My question - How long does she have to stay in the state of IDDAH before going into marriage again.

My knowledge goes, just one month as per hadith of Rasool SAW who conducted Khula of Thabit Al Qays' wife but my friend is strongly insisting by saying she has to stay in IDDAH for 4 months 10 days.

I am highly confused.

Can you please guide me and help me to get an answer to this as quick as possible.

She is a Sunni Muslim

thank you

Amin

However, the process is not without its complexities and one of the challenges that may arise is when the husband does not agree to the khula. This article explores the intricacies of this situation, examining legal perspectives, historical context and potential solutions within the framework of Islamic law.

Khula is a form of divorce in Islam where the wife seeks a separation from her husband by offering financial compensation or forfeiting her financial rights. Unlike talaq, which is the right of a husband to unilaterally divorce his wife, khula empowers the wife to initiate the divorce process.

The pivotal question posed to the Kerala High Court in its 2021 ruling, now subject to review by the Supreme Court, was whether Muslim women forfeit their right to extrajudicial divorce following the enactment of the Dissolution of Muslim Marriages Act, 1939.

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