On what conditions can wife take 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:
My
question is if a women does not want to live with her husband and wants a
divorce can she does that and will it be acceptable in the eye of Allah
Subhanahutala (please consider the situation that they were married for 20 yrs
and in that time her husband did not love her or care for her emotionally and
even respected her most of the time and now she feels that she cant live with
him any more)please can u let me know as soon as possible that what is islamic
view in this matter.
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Answer:
On what conditions
can wife take khula divorce
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.
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.’
Sunan of Abu-Dawood Hadith 2172 Narrated by Muharib
The Prophet (saws) said: ‘Allah did not make
anything lawful more abominable to Him than divorce.’
As detestable and disliked divorce is in the Sight of
Allah Subhanah, if a husband does not fulfill his due rights to his wife, or
oppresses her wife without right, or the wife fears that she might not be able
to live with her husband within the limits prescribed by Allah Subhanah, etc….the
wife in Islam is well within her rights to seek permanent separation from her
husband through the institution of divorce.
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
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan
Wister