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:

If a husband force her wife to write a khula on a plain paper in format which he wants & signed on that with her photo.and on the same paper he signed with the letter received.Dose it means that they r no longer husband & wife.The wife intention was to save her life but not to leave him.
Actually the husband is having a relation with a lady from past 10yr, and he want his wife to leave him & go so that he can continue with that lady, but on other side wife doesn`t want to leave him , she wants to be with him,so he started harassing her in such a manner that her life was in danger. even then she was trying to convince him that they will stay separate for few months or 1yr but he want to break the relation in the mean of khula but not in talaaq.

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Answer:

Forced to sign khula

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.

Respected sister, Shariah Law has placed the ties of a marriage in the hands of the husband. If the husband desires to divorce his wife, all he is required to do is pronounce a declaration of divorce upon his wife, and a legal divorce will be established in the marriage.

It is only when the wife in the marriage wishes for a divorce, and the husband refuses to give her the divorce, where a ‘khula’ is initiated by the wife in a Shariah court of law; and the Shariah Judge alone has the authority to grant the ‘khula’ divorce to the wife.

The mere signing on a paper by the wife that she wants a ‘khula’ divorce from her husband has absolutely no legality or basis in the Sight of Shariah Law and in no way thus this signed paper constitute a divorce in Shariah.

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