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Khula divorce

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:

As-Salaamu Alaikum. I posed a question that was given the number 6055 to which a response is still pending. Please, I forgot to request that my question be provided the status of personal and confidential and that you please respond only to my email address. I do not want my question posted.

I realize that Allah (SWT) knows best, I want to make sure that my response is in proper conduct with Islamic Law. My husband tells me I have no right to divorce him and that my divorce would be invalid and he will not leave my home unless I "throw" and his "stuff out." My husband also said that if I divorce him if I should remarry later on my marriage would be invalid and that he would have the right to kill me because of adultery.

Thank you for your assistance.

 

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Answer:

 

Khula divorce

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We will abide by your instructions and will not post your question on the forum; but we humbly request you to reconsider your position; for maybe, just maybe, there might be others who are faced with a similar situation as yours; and because of your question, they might be able to gain the knowledge of the Truth in light of the Quran and Sunnah.

 

Q-1: My husband tells me I have no right to divorce him and that my divorce would be invalid and he will not leave my home unless I "throw" and his "stuff out."

Allah says in the Holy Quran Chapter 2 Surah Baqarah verse 229:Divorce may be pronounced twice; then either keep the wife with honor, or let her leave gracefully. And it is not lawful for you to take back anything out of what you have given them. There is however, an exception to this; if you fear that they might not be able to keep within the limits imposed by Allah, there is no harm if both agree mutually that the wife should obtain divorce by giving something as compensation to the husband (only when she initiates the divorce). These are the bounds set by Allah; therefore, do not violate them, for those who violate the bounds of Allah are indeed the dhalims (transgressors)!

 

Allah says in the Holy Quran Chapter 2 Surah Baqarah verse 231:And when you have divorced your wives and they are about to complete their prescribed terms, then either retain them gracefully or release them generously. It is transgression to retain them merely for harassment. And whoever does that indeed wrongs his own self! Do not play with Allahs Commandments, and remember that Allah has blessed you with a great favor. He admonishes you to show due respect to the Book and the Wisdom He has sent you. Fear Allah and know that He is fully aware of everything.

 

When two people who are married together cannot live together for any reason, Islam has given a route where either of the two may initiate a divorce proceeding against the other. If the woman initiates a divorce proceedings against her husband, it will be known as a khula in Islamic Law. This can be for a number of reasons, from not getting along with the husband, to the husband disappearing for a number of years, or even impotency, etc. Whatever the reason may be, the wife will have to go to a Qadi or Shariah Court and move the Shariah Judge to divorce the couple.

 

The husband has a right to demand that the mehr he paid to his wife at the time of marriage be returned back to him, or he may opt to be generous and forgive all or part of it.

 

The guidance of Allah Subhanah regarding divorce are very clear; and three words or characteristics should be employed when two people who were married to each other, but for some reason the marriage does not work out, and they want to separate: 1. Honor, 2. Graceful, and 3. Generous. These are the commands and boundaries Allah has set on the believers, and whoever harasses or oppresses the partner will have a severe accounting in the Just Court of Allah Subhanah.

 

Islam absolutely discourages and considers it a sin when one of the parties harasses the other in a divorce situation. The husband is absolutely wrong when he says the wife does not have a right to initiate a divorce, or she has to throw out his belongings from the house to seek one! All she has to do is go to a Shariah Court and move the Judge to terminate their marriage.

 

Q-2: My husband also said that if I divorce him if I should remarry later on my marriage would be invalid and that he would have the right to kill me because of adultery.
Once the Court announces the divorce, and the iddah or waiting period of divorce is over; the woman is absolutely free to marry anyone of her choice.

 

Even in cases where a husband finds his wife committing adultery, he has absolutely no right to kill her! The maximum he can do in such a situation is divorce her. Adultery cases in Islam can only be tried by a Shariah Court, and only the Shariah Judge has the right to deliver the prescribed punishment for adultery.

The threat of the husband to kill his wife if she remarries after her divorce is absolutely baseless; and if he, Allah forbid, carries out his threat he will be guilty of the heinous sin of murder; the prescribed punishment of which under Islamic Law is death in this world, and the everlasting fire of Hell in the Hereafter!

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 93:If a man kills a believer intentionally his recompense is Hell to abide therein (for ever): and the Wrath and the Curse of Allah are upon him, and a dreadful penalty is prepared for him.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your Brother in Islam,

 

 

Burhan

 


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