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Islam/Marriage Khula'

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QUESTION: As-salamu aliekum,

A woman being abused in her marriage. So she goes to the imam to ask for divorce from her husband, but the husband refuses to divorce, khula or anything. The Imam took it upon himself to grant the wife khula' and he did.
From my understanding of khula' it is the separation of the wife in return for a payment, the husband takes the payment and lets his wife go; whether the payment is mahr, gifts or of any sort.
So what is the Islamic ruling in this case when the husband is not agreeing to khula' (not letting his wife go) neither accepting mahr payment?

Wa aliekum as-salam,

ANSWER: Dear brother,
Assalam-O-Alaikum
Normally divorce and/or Khula is not liked by ALLAH but under special circimstances it becomes necessary and therefore kindly let me know in detail why does the lady want Khula. You have statd "A woman being abused in her marriage". How has she been abused? Please clarify to enable me to give appropriate answer.
Wassalams,
Md.Zia-ul-Haque

---------- FOLLOW-UP ----------

QUESTION: As-salamu aliekum Mufti,

She was physically abused and it's been going on for sometime. Whenever the husband gets upset with the wife due to an argument , the husband would get violent.


Wa aliekum as-salam

Answer
Dear brother,
I had requested you to give details but in reply you said "She has been physically abused and it has been going on for some time" You have not mentioned when was she got married and since when the husband has been misbehaving and/or beating her. One has to see whether the wife is innocent or she is also at fault. Light beating of wife is permissible in Islam. However I mention herein how and when Khula can be given.

Khula’ means the separation of the wife in return for a payment; the husband takes the payment and lets his wife go, whether this payment is the mahr which he gave to her, or more or less than that.

The basic principle concerning this is the verse in which Allah says (interpretation of the meaning):

“And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal-money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allaah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul‘ (divorce)”

[al-Baqarah 2:229]

The evidence for that from the Sunnah is that the wife of Thaabit ibn Qays ibn Shammaas (may Allah be pleased with him) came to the Prophet (peace and blessings of Allah be upon him) and said, “O Messenger of Allah, I do not find any fault with Thaabit ibn Qays in his character or his religious commitment, but I do not want to commit any act of kufr after becoming a Muslim.” The Prophet (peace and blessings of Allaah be upon him) said to her, “Will you give back his garden?” Because he had given her a garden as her mahr. She said, “Yes.” The Prophet (peace and blessings of Allah be upon him) said to Thaabit: “Take back your garden, and divorce her.”

(Narrated by al-Bukhaari, 5273).

In the absence of further detail(s) I can not give any advise to that woman/wife.
Wassalams,
Md.Zia-ul-Haque

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Mufti Md.Zia-ul-Haque,Alim & Advocate

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By the Grace of Almighty Allah,being the only person in the world who is qualified Moulvi(Passed the Alim Examination Conducted By Madrasa Education Board) with Degrees in Science and Law I am,MASHALLAH,able to answer any question on Islamic Religion.That apart,I was in charge of Legal,Calcutta Office of Custodian of Enemy,Govt of India and Export Inspection Agency,Calcuuta, Ministry of Commerce,Govt of India from where I have retired on 31.3.2010,It is also therefore possible for me to answer questions on Indian Civil Law and Service Matters. Md.Zia-ul-Haque,B.Sc,LLB,Alim(Cal) Alim & Advocate Md,Zia-ul-Haque,B.Sc, LLB,Alim(Cal) Alim & Advocate

Experience

Stated in the above field.

Organizations
Stated above

Publications
1. Quran-o-Hadis-er Aloke Pita-o-Matar Martoba (Bengali) 2. Milad Sharif (Transliterated to Bengali) 3. Shaheed-e-Karbala(Bengali) 4. Hazarat Maula Ali Muishkil Kusha -o- Papi Mabiya -o- Duschoroitro Taslima Nasrin(Bengali) 5. Ahl-e-Bayt Pak (AS) -o- Jahannami Mua'wiyah-o-Yazid (Bengali)

Education/Credentials
B.Sc, LLB, Alim(Cal)

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