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innocent
03-28-2018, 04:51 AM
Salam
If a wife has asked for khula and the husband refuses to give it is she still obligated to have intimate relations with him. If she refuses is she sinning
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*charisma*
03-28-2018, 06:40 AM
Assalamu Alaikum

As long as you are his wife, you are obligated to your wifely duties. If khulaa is not granted by the husband then it can be granted by an islamic judge. She must return the mahr to him. Understand that the khulaa is not like a divorce and you should have a valid reason for requesting it. Khulaa means that the marriage becomes annulled so the wife is not allowed to go back to her husband unless a completely new marriage contract is made (it's like starting from square 1). Whereas in talaaq, there is room for reconciliation.

I suggest the person requesting khulaa speak to an islamic judge first. If there is any room for fixing the marriage, this is always preferable.

You can read more about khulaa here:

https://islamqa.info/en/175765 (Talaaq vs Khula)
https://islamqa.info/en/26247 (Process of Khula)
https://islamqa.info/en/174922 & https://islamqa.info/en/91878 (Husband refusing divorce)
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innocent
03-28-2018, 12:47 PM
What if the husband agrees that the wife doesn't have to have intimacy with him. But he just wants her to stay with him and not leave.
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azc
03-28-2018, 12:58 PM
format_quote Originally Posted by innocent
What if the husband agrees that the wife doesn't have to have intimacy with him. But he just wants her to stay with him and not leave.
divorce or khula isn't appreciated. Islam emphasises on strong relation relationship between the spouses based on love and mutual understanding.
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innocent
03-28-2018, 03:18 PM
format_quote Originally Posted by azc
divorce or khula isn't appreciated. Islam emphasises on strong relation relationship between the spouses based on love and mutual understanding.
Thanks for the mini lecture.
We would all love to live in an ideal world.
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cinnamonrolls1
03-28-2018, 03:27 PM
format_quote Originally Posted by innocent
Thanks for the mini lecture.
We would all love to live in an ideal world.
Why are you being so harsh? They were just stating their opinion. If you want a proper response email a scholar or something. Not forum members
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*charisma*
03-28-2018, 03:28 PM
format_quote Originally Posted by innocent
What if the husband agrees that the wife doesn't have to have intimacy with him. But he just wants her to stay with him and not leave.
Are you asking due to curiosity or is this an actual issue?
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innocent
03-28-2018, 04:03 PM
format_quote Originally Posted by *charisma*
Are you asking due to curiosity or is this an actual issue?
Actual
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azc
03-28-2018, 04:04 PM
format_quote Originally Posted by innocent
Thanks for the mini lecture. We would all love to live in an ideal world.
And this small ideal world is in our hands. Make it beautiful or change it into hell.
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innocent
03-28-2018, 04:56 PM
format_quote Originally Posted by azc
And this small ideal world is in our hands. Make it beautiful or change it into hell.
It's not all black and white you know. Maybe you've never had any issues or problems in your life Alhumdulillah.
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cinnamonrolls1
03-28-2018, 04:58 PM
@innocent
Like i said, take this to a scholar or imam etc. I dont think any of us here have enough knowledge to give u a proper formal answer.
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innocent
03-28-2018, 06:57 PM
format_quote Originally Posted by cinnamonrolls1
Why are you being so harsh? They were just stating their opinion. If you want a proper response email a scholar or something. Not forum members
I would love to email a scholar but I don't know the email address of any.
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cinnamonrolls1
03-28-2018, 08:09 PM
format_quote Originally Posted by innocent
I would love to email a scholar but I don't know the email address of any.
Theres websites like askamufti, etc. Hmm idk abt you but some mosques in my city have an email the imam option on their site. Check ur local mosques sites. Just google "ask imam" or email imam or contact imam" or scholar or mufti or whatever. You should be able to find something.
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Zzz_
03-28-2018, 11:42 PM
format_quote Originally Posted by innocent
I would love to email a scholar but I don't know the email address of any.

Ask sheikh at Huda TV

002 02 38555 248 9 ask@huda.tv
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Scimitar
03-28-2018, 11:45 PM
This may help!!
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*charisma*
03-29-2018, 01:10 AM
format_quote Originally Posted by innocent
Actual
Is the question regarding yourself?
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innocent
03-31-2018, 07:42 AM
So I have asked the question to a few online scholars but haven't got any answer yet. To be honest I don't think I will. Oh well let's see.
Anyway way I had a side question. If the wife leaves the family home after requesting khula and living elsewhere is she sinning as she is denying her husband intimacy?
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innocent
04-01-2018, 10:46 AM
Why is it that the husband can deny intimacy under certain circumstances but the wife can't do the same. Please explain.
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*charisma*
04-01-2018, 05:24 PM
format_quote Originally Posted by innocent
Why is it that the husband can deny intimacy under certain circumstances but the wife can't do the same. Please explain.
The wife has the same rights as the husband in regards to intimacy and she should not be denied those rights.
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Barbarahajar
04-01-2018, 10:01 PM
Salaam...I don't understand that: if the husband doesn't agree with the khula, it can happens or not? I mean the wife can divorce even if the husband doesn't agree? What if I return to my husband the mahr but he doesn't want? BTW Islam give us the chance to divorce,so it means we can do it
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Zzz_
04-01-2018, 10:31 PM
format_quote Originally Posted by Barbarahajar
Salaam...I don't understand that: if the husband doesn't agree with the khula, it can happens or not? I mean the wife can divorce even if the husband doesn't agree? What if I return to my husband the mahr but he doesn't want? BTW Islam give us the chance to divorce,so it means we can do it
wa'alaikum as'salaam,

the divorce is the right of the husband so only he can issue it. If a wife wants to separate for islamically legitimate reasons and he does not give divorce then she can seek khula, which is a separation initiated by the wife. If he does not accept her khula then she can go to an islamic judge who can assesses the case and pass a binding decision on the matter.
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Supernova
04-01-2018, 10:46 PM
format_quote Originally Posted by innocent
Salam
If a wife has asked for khula and the husband refuses to give it is she still obligated to have intimate relations with him. If she refuses is she sinning
Asalaamualaykum

Dear sister - There is something I have learnt over time and that is certain topics in Islam need a real dialogue between the questioner and a Scholar, for the simple reason that a small change of variables in a situation can change a ruling entirely. These topics in my experience are: Talaq, Khula, Islamic Economics and Inheritance.

When you ask questions of this nature on forums, you will notice that your question will be answered - then the answer will be counter elasticated by another question and then another answer will come along and that will spiral into something that no one recognizes anymore....And to think of it - this is going to possibly make or break a home. Its a too sensitive issue to neglect a Scholar out of the Equation.

Please try your best to contact a scholar regarding this sensitive issue. You can contact many scholars world wide also but I do suggest you type a very honest unbiased record of your circumstances.

You are in all our duas.

- - - Updated - - -

format_quote Originally Posted by innocent
Salam
If a wife has asked for khula and the husband refuses to give it is she still obligated to have intimate relations with him. If she refuses is she sinning
Asalaamualaykum

Dear sister - There is something I have learnt over time and that is certain topics in Islam need a real dialogue between the questioner and a Scholar, for the simple reason that a small change of variables in a situation can change a ruling entirely. These topics in my experience are: Talaq, Khula, Islamic Economics and Inheritance.

When you ask questions of this nature on forums, you will notice that your question will be answered - then the answer will be counter elasticated by another question and then another answer will come along and that will spiral into something that no one recognizes anymore....And to think of it - this is going to possibly make or break a home. Its a too sensitive issue to neglect a Scholar out of the Equation.

Please try your best to contact a scholar regarding this sensitive issue. You can contact many scholars world wide also but I do suggest you type a very honest unbiased record of your circumstances.

You are in all our duas.
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Barbarahajar
04-01-2018, 10:49 PM
Jazak Allah :-)
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azc
04-02-2018, 03:06 AM
format_quote Originally Posted by *charisma*
The wife has the same rights as the husband in regards to intimacy and she should not be denied those rights.
agree, but if he doesn't, isn't a sinner.
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Barbarahajar
04-02-2018, 08:09 AM
I'm not sure he isn't a sinner
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*charisma*
04-02-2018, 08:51 AM
format_quote Originally Posted by azc
agree, but if he doesn't, isn't a sinner.
This is not true bro. If it's a right to the wife, then withholding those rights would be considered a sin. As we know that female and male parts are different so I can understand if he is physically unable to have intercourse (which is where men and women differ) but if he is and refuses those rights to his wife then he is committing a sin because he would be voluntarily withholding something in which he is the ONLY ONE who is able to fulfill.
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innocent
04-02-2018, 09:24 AM
I have found a ruling saying that if he does not pray wife can withhold intimacy. So this is the one I am going by. Even though that isn't the reason for it. Would it be okay? Or will the angels still curse through the night.

- - - Updated - - -

https://islamqa.info/en/42551

Her husband does not do any of his duties, he sleeps a lot and he neglect prayers - islamqa.info
My husband of eight years is a non practising muslim. He lost his job in Nov. 2002 during Ramadan and has been out of work since. He has not once prayed to Alla...
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azc
04-02-2018, 10:33 AM
format_quote Originally Posted by *charisma*
This is not true bro. If it's a right to the wife, then withholding those rights would be considered a sin. As we know that female and male parts are different so I can understand if he is physically unable to have intercourse (which is where men and women differ) but if he is and refuses those rights to his wife then he is committing a sin because he would be voluntarily withholding something in which he is the ONLY ONE who is able to fulfill.
despite being able he stays away from intimacy for a LONG TIME commits sin.
But if he doesn't do it for a few nights even without any genuine reason he isn't a sinner.

(according to this fatwa)
https://islamqa.info/en/218686?_e_pi...0%2C5315281104
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