Can u plz let me know the right way of qulha
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
salamalakum
can u
plz let me know the right way of qulha
khuda hafiz
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Answer:
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 no one (no idol, no person, no
grave, no prophet, no imam, no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad (saws) is His slave-servant and the seal of His Messengers.
When a divorce is initiated by the wife in a marriage, it
is known in Fiqh or Islamic Jurisprudence terms as a ‘Khula’ divorce.
There are basically three ways for a wife can seek a
divorce:
- Ask
her husband that she no longer wishes to remain his wife, and the husband
accedes to her request and pronounces a divorce on her.
- If
the husband refuses to divorce her, she has the right to Initiate a
divorce proceedings in a Shariah Court, whereby the Judge will study the
conditions and reasons for seeking divorce, and then summon the husband
and give him an option: either he accedes to the wife’s divorce request
and pronounces divorce on her, or the Court will use its authority and
divorce the couple.
- If
the husband does not pronounce the divorce and the Judge sees valid reason
for divorce, he has the authority to divorce the couple.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verses 229-231:
229 A divorce is only permissible twice: after that the parties should
either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back
any of your gifts (from your wives) except when both parties fear that they
would be unable to keep the limits ordained by Allah. If ye (judges) 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. 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).
230 So if a husband divorces his wife (irrevocably) he cannot after that
remarry her until after she has married another husband and he has divorced
her. In that case there is no blame on
either of them if they reunite provided they feel that they can keep the limits
ordained by Allah. Such are the limits
ordained by Allah which He makes plain to those who understand.
231 When ye divorce women and they fulfil the term of their (`Iddat)
either take them back on equitable terms or set them free on equitable terms;
but do not take them back to injure them or to take undue advantage; if anyone
does that He wrongs his own soul. Do
not treat Allah's Signs as a jest but solemnly rehearse Allah's favors on you
and the fact that He sent down to you the Book and Wisdom for your
instruction. And fear Allah and know
that Allah is well acquainted with all things.
If it is the woman who initiates the divorce or ‘khula’ in
marriage, she is required to repay the husband back the ‘mehr’ he paid her at
the time of ‘nikaah’, unless of course the husband, of his own will, wishes to
let his wife keep the ‘mehr’ he paid her.
But if the husband initiates the divorce, it is absolutely forbidden for
him to demand any payment or recompense of the ‘mehr’ or any other gifts he
might have given his wife during their marriage.
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