After marriage khula to marry lover allowed
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Asalamo Alikum,Muslim brothers i would like to ask a question that can a muslim girl take khula in order to marry her love. Since she cries a lot and was forced by her parents to marry. And plz also tell me the way to take khula.
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Answer:
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Wa Alaykum as Salam wa Rahmatullahi wa Barakatuh
Some of the valid grounds for seeking khula in the court of law:
Apostacy from Islam
Impotency of husband
Lack of sterility of husband
Cruelty of husband
The whereabouts of husband are unknown for a period of four years
Failure of a husband to provide for the maintenance of the wife
Failure without reasonable cause to perform marital obligations (sexual rights)
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229 (part):
…..If ye do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom (divorce). These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).
If the wife initiates a divorce for a strong and genuine reason/s, she would be blameless for the divorce taking place in the Sight of Allah Subhanah; but if a wife initiates a divorce for frivolous reason, indeed she will be held to severe account for breaking the sacred institution of marriage in the Court of Allah Subhanah.
Sunan of Abu-Dawood Hadith 2218 Narrated by Thawban
The Prophet (saws) said: ‘If any woman asks her husband for divorce without some strong reason, (even) the odour of Paradise will be forbidden to her!’
Sunan of Abu-Dawood Hadith 2173 Narrated by Abdullah ibn Umar
The Prophet (saws) said: ‘Of all the lawful acts’ the most detestable to Allah is divorce.’
We have replied you general answer when and why khula can be filed. If you think that your husband is not fulfilling your rights and if you think that you will be able to answer and justify your khula to Allah swt on Final Day, you are well within your right to initiate divorce against your husband and there will be no sin attached on you.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,
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