If a girl seeks Khulla before the Ruksati takes place, what is the procedure to be adopted as per Sharia. Is it Ok if the girl gives in writing to the boy that she would like seek Khulla from him mentioning a specific reason, and the boy agrees to it by signing on the same paper mentioning that he accepts her request for Khulla from a particular date. Other then the above is there any legal procedure to be adopted in this connection.
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:
Dear Brother, Asslamo Alaikum
If a girl seeks Khulla before the Ruksati takes place,
what is the procedure to be adopted as per Sharia.
Is it Ok if the girl gives in writing to the boy that she
would like seek Khulla from him mentioning a specific reason, and the boy
agrees to it by signing on the same paper mentioning that he accepts her
request for Khulla from a particular date.
Other then the above is there any legal procedure to be
adopted in this connection.
Will appreciate your early reply.
Jazakallah
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errors in the above statement. The forum does not change anything from
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Answer:
Khula divorce before
rukhsati
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.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verses 236-237:
236 There is no blame on you if ye divorce women before consummation or
the fixation of their dower (mehr); but bestow on them (a suitable gift) the
wealthy according to his means and the poor according to his means; a gift of a
reasonable amount is due from those who wish to do the right thing.
237 And if ye divorce them before consummation but after the fixation of
a dower for them then the half of the dower (is due to them) unless they (the
wife) remit it. Or (the man's half) is
remitted by him in whose hands is the marriage tie; and the remission (of the
man's half) is the nearest to righteousness.
And do not forget liberality between yourselves. For Allah sees well all that ye do.
Your Question: If a girl seeks Khulla before the Ruksati
takes place, what is the procedure to be adopted as per Sharia.
A divorce which is initiated by the wife in Islam is known
as a ‘khula’ in Islamic Jurisprudence or Fiqh.
If a couple are bonded in the sacred institution of ‘nikaah’
and the consummation or ‘rukhsati’ has not taken place, if for any reason
whatsoever the wife seeks a divorce from her husband….the husband is well
within his bounds to declare one pronouncement of divorce and a divorce will be
established between the couple in the Sight of Shariah Law and of Allah
Subhanah.
Because the consummation or ‘rukhsati’ has not yet taken
place, in such a situation the wife would not be required by Shariah Law to
fulfill her period of ‘iddah’; and if the ‘mehr’ had been fixed at the time of
‘nikaah’, the husband will be liable to pay only half the determined ‘mehr’
amount to the wife.
If for any reason the husband is not willing to pronounce
a divorce upon his wife, the wife would have to approach a
Your Question: Is it Ok if the girl gives in writing to the
boy that she would like seek Khulla from him mentioning a specific reason, and
the boy agrees to it by signing on the same paper mentioning that he accepts
her request for Khulla from a particular date.
As long as the husband, in whose hands is the marriage
tie, declares a divorce unto his wife….regardless of whether it is done
verbally or in writing….a divorce will indeed be established in the marriage in
the Sight of Shariah Law and of Allah Subahnah.
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