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Question
Assalamualeikum, I need help with my situation. i have no family or friends i was married for 10 years in an abusive marriage. my husband then kicked me out of his house with my son, had to find my own place. after that he was blackmailing me that he will take my child away from me as he is a very manipulative. we got back but in two separate houses without any nafaqah. now today he threw my son ( 9 years old) clothes and told him to be out of his house and he doesnt want to see him . my son didnt do anything i was just dropping him so he could take him to soccer. my son hates his father now and i dont want to be hanging. i would like khula.
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaramah
We have received your query Khula, we apologise for the belated reply, our response is as follows:
Islam encourages that all efforts are made to make Sulh (reconciliation) between spouses in the occasion there is disputes. After exhausting all efforts of reconciliation, Shariah has given options for solving such problems. One is of Khula.
Please refer to a previous answer of the Darul Ifta regarding Khula:
“Khula” is when the wife requests a divorce by giving money to her husband. Khula generally takes place when it is not possible to bring about any reconciliation between the husband and wife and the husband refuses to divorce her, in such a case, it is permissible for the wife to give some money or her Mahr to her husband and tell him to let her go in exchange for that money. Alternatively, she could ask him to let her go in exchange for the Mahr that he is still owing her. In answer to her request, the husband says: “I let you go.” In saying so, one Talaqul Baa’in (irrevocable divorce) takes place. The man does not have the right to keep her back or to revoke his divorce.
The principle of Khula (whereby Khula will be valid) is that, it should be done by way of offer and acceptance i.e. upon mutual agreement and consent between the husband and wife. Neither of them has the right to compel the opposite partner against his/her will. Since Khula is an agreement of contracting Talaaq by means of a monetary/material exchange, a separation will not occur and similarly the husband will not be deserving or entitled to the exchange upon which they agreed upon without the condition of mutual acceptance of Khula.[1]
Thus the wife cannot unilaterally institute Khula without the consent and agreement of the husband. If a Khula is issued without the consent of the husband, then the status of such a marriage is that, it will remain intact, and the Khula will not be effective in this case. [2]
For more details on Khula, please refer to the book “Bahishti Zewar” of Hadrat Hakeemul Ummat Moulana Ashraf Ali Thanwi rahimahullah.
If you require more guidance on a specific issue relating to Khula then please get in contact with us.
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
6th Muharram 1446
13th July 2024
[1] (Ref: Raddul Mukhtaar 441/3, Fatawaa Taatarkhaniyah 453’/3, Fatawaaa Mahmoodiyah 346/13)
[2] (Ref: Fatawaa Mahmoodiyah 346/13). Taken from Darul Ifta Azaadville Archives.