Does the woman have to pay the man. Even if she has been the only earner in the house and he has not been working for a long time? Does he still have a right to payment. Or does the fact that she has been supporting him for so long cancel it out.?
man taking payment for khula
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ha? a man has no right to any payment from his wife, she can give him money as charity and have it count islamically as charity , this alimony of whomever makes more to spend on the other is a western innovation. Your money is your own, your husband has to spend on you even if he is poorer than you.. sob7an Allah what a strange world we live in..
anyhow Allah swt knows best but I thought that was basic knowledge!
anyhow Allah swt knows best but I thought that was basic knowledge!
islamirama
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Praise be to Allaah.
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 Allaah 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 Allaah be pleased with him) came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, 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 Allaah be upon him) said to Thaabit: “Take back your garden, and divorce her.”
(Narrated by al-Bukhaari, 5273).
From this case the scholars understood that if a woman cannot stay with her husband, then the judge should ask him to divorce her by khula’; indeed he should order him to do so.
With regard to the way in which it is done, the husband should take his payment or they should agree upon it, then he should say to her “faaraqtuki” (I separate from you) or “khaala’tuki (I let you go), or other such words.
Talaaq (i.e., divorce) is the right of the husband, and does not take place unless it is done by him, because the Prophet (peace and blessings of Allaah be upon him) said: “Talaaq is the right of the one who seizes the leg (i.e., consummates the marriage)” i.e., the husband. (Narrated by Ibn Maajah, 2081; classed as hasan by al-Albaani in Irwa’ al-Ghaleel, 2041).
Hence the scholars said that whoever is forced to divorce his wife by talaaq wrongfully, and divorces her under pressure, then his divorce is not valid. See al-Mughni, 10/352.
With regard to what you mention, that a woman in your country might arrange her own divorce through the man-made laws, if this is for a reason for which it is permissible to seek a divorce, such as disliking her husband, not being able to stay with him or disliking him because of his immoral ways and indulgence in haraam actions, etc., there is nothing wrong with her seeking divorce, but in this case she should divorce him by khula’ and return to him the mahr that he gave to her.
But if she is seeking divorce for no reason, then that is not permissible and the court ruling on divorce in this case does not count for anything in terms of sharee’ah. The woman still remains the wife of the man. This gives rise to a new problem, which is that this woman is regarded as a divorcee in the eyes of the (man-made) law, and can re-marry after her ‘iddah ends, but in fact she is still a wife and not a divorcee.
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked about a similar matter and said:
Now we have a problem. The fact that she is still married to him means that she cannot marry anyone else, but according to the court ruling she is apparently divorced from him, and when her ‘iddah ends she can re-marry. I think that the only way out of this problem is that good and righteous people should get involved in this matter, to bring about reconciliation between the man and his wife. Otherwise she has to give him some payment, so that it will be a proper shar’i khula’.
Liqa’ al-baab al-Maftooh by Shaykh Muhammad ibn ‘Uthaymeen, no. 54; 3/174.
Islam Q&A
http://www.islamqa.com/en/search2/khula/AllWords/t,q,a
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 Allaah 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 Allaah be pleased with him) came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, 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 Allaah be upon him) said to Thaabit: “Take back your garden, and divorce her.”
(Narrated by al-Bukhaari, 5273).
From this case the scholars understood that if a woman cannot stay with her husband, then the judge should ask him to divorce her by khula’; indeed he should order him to do so.
With regard to the way in which it is done, the husband should take his payment or they should agree upon it, then he should say to her “faaraqtuki” (I separate from you) or “khaala’tuki (I let you go), or other such words.
Talaaq (i.e., divorce) is the right of the husband, and does not take place unless it is done by him, because the Prophet (peace and blessings of Allaah be upon him) said: “Talaaq is the right of the one who seizes the leg (i.e., consummates the marriage)” i.e., the husband. (Narrated by Ibn Maajah, 2081; classed as hasan by al-Albaani in Irwa’ al-Ghaleel, 2041).
Hence the scholars said that whoever is forced to divorce his wife by talaaq wrongfully, and divorces her under pressure, then his divorce is not valid. See al-Mughni, 10/352.
With regard to what you mention, that a woman in your country might arrange her own divorce through the man-made laws, if this is for a reason for which it is permissible to seek a divorce, such as disliking her husband, not being able to stay with him or disliking him because of his immoral ways and indulgence in haraam actions, etc., there is nothing wrong with her seeking divorce, but in this case she should divorce him by khula’ and return to him the mahr that he gave to her.
But if she is seeking divorce for no reason, then that is not permissible and the court ruling on divorce in this case does not count for anything in terms of sharee’ah. The woman still remains the wife of the man. This gives rise to a new problem, which is that this woman is regarded as a divorcee in the eyes of the (man-made) law, and can re-marry after her ‘iddah ends, but in fact she is still a wife and not a divorcee.
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked about a similar matter and said:
Now we have a problem. The fact that she is still married to him means that she cannot marry anyone else, but according to the court ruling she is apparently divorced from him, and when her ‘iddah ends she can re-marry. I think that the only way out of this problem is that good and righteous people should get involved in this matter, to bring about reconciliation between the man and his wife. Otherwise she has to give him some payment, so that it will be a proper shar’i khula’.
Liqa’ al-baab al-Maftooh by Shaykh Muhammad ibn ‘Uthaymeen, no. 54; 3/174.
Islam Q&A
http://www.islamqa.com/en/search2/khula/AllWords/t,q,a
Hamza Asadullah
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Asalaamu Alaikum Wr Wb,
In the name of Allah, Most Compassionate, Most Merciful,
In the situation where a woman can no longer remain in the marriage of her husband and all attempts to save the marriage have failed, then the ideal solution would be for the wife to obtain a divorce from the husband. The husband, seeing that the marriage is futile and there is no hope of reconcilement, should also issue one divorce according to the prescribed method in Shariah.
However, in the case where the husband refuses to issue a divorce, the wife may persuade the husband to enter into an agreement of Khul’ (a release for payment from the wife). The wife may also opt to forgive the husband from paying her dowry (mahr).
Khul’ is an Arabic term that literally means ‘to take out’ and ‘remove’. The Arabs say: “Khala’tu al-libas” (I took off my cloths). Similarly, Allah Almighty said to Sayyiduna Musa (Peace be upon him) when he went to receive the sacred law:
“Verily I am your lord! Therefore, put off (fakhla’) your shoes”(Surah Ta Ha, 12).
The lexical definition of Khul’ as explained by the famous Hanafi Mujtahid, Ibn Humam is as Follows:
“To remove the union of marriage in exchange of a financial settlement with the words of Khul” (Ibn Humam, Fath al-Qadir, 3/1999).
Similar to other agreements and transactions, an agreement on Khul’ will also come into effect by acceptance and offer (al-Kasani, Bada’i al- Sana’i, 3/145 & Radd al-Muhtar, 2/606).
The couple can normally agree upon any financial arrangement they desire. However, the Fuqaha state that if the husband was at fault and it was his wrongdoings that resulted in the failure of their marriage, then it is impermissible for him to demand a financial payment in return for a divorce. He should divorce the wife without demanding anything in return.
Allah Most High says:
“But if you decide to take one wife in place of another, even if you had given the latter a whole treasure for dower, take not the least bit of it back. Would you take it by slander and a manifest wrong? And how could you take it when you have gone into each other, and they have taken from you a solemn covenant?” (Surah al-Nisa, 20-21).
Due to the above verse of the Qur’an, the Fuqaha have declared the taking of anything in return as a major sin if the husband was at fault.
However, if the husband was not at fault, but the wife for some reason or another wishes to end the marriage, then it is permissible for the husband to demand and receive some financial payment. It would be superior for him not to take more then the actual stipulated dowry. However, it would be permissible for them to agree on any amount (See: Bada’i al-Sana’i, 3/150 & Bahr al-Ra’iq, 4/83).
Allah Most High says:
“It is unlawful for you (men), to take back (dowry, etc…) from your wives, except when both parties fear that they would be unable to keep the limits ordained by Allah. If you (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is not blame on either of them if she give something for her freedom” (Surah al-Baqarah, 229).
According to the Majority of Jurists (jumhur), a Khula’ agreement can be carried out without having to go to an Islamic court. Merely, the consent of both parties is sufficient (See: al-Sarakhsi, al-Mabsut, 6/173).
A Khul’ is considered an irrevocable divorce and a finalized cancellation of marriage (ba’in), differing from a threefold divorce by the fact that they may remarry in such a case without her marrying another husband first.
If they did remarry, the husband will only remain the owner of two more divorces. Meaning, if he further issued two more divorces, it will total to three, thus he will not be able to take her back until she marries another man (See: al-Mabsut, 6/173).
The waiting period (idda) for the woman will be similar to that of a woman who was given an irrevocable divorce (ba’in) which is three menstrual cycles. The husband can not take her back within or after the waiting period without her consent (by contracting a new agreement of marriage).
Finally, it should also be remembered that a Khul’ agreement can only be carried out with the consent of the husband. The wife does not have the jurisdiction to enforce Khul’ without the consent of her husband. This is a agreed upon ruling in all of the four Sunni schools of thought.
The great Hanafi jurist, al-Sarakhsi says:
“An agreement of Khul’ is permissible with or without the presence of a judge, as it is a contract that is based on mutual agreement” (al-Mabsut, 6/173). The same has also been mentioned in Radd al-Muhtar, Fatawa al-Hindiyya and other major works.
With the above discussion, I sincerely hope all your queries with regards to Khul’ have been answered.
And Allah knows best
Sheikh Muhammad ibn Adam al-Kawthari, UK
Darul Ifta, Leicester, UK
Wa Alaikum Asalaam
Jazakallah khair brother.
Does this mean that it can be done in the home between the two of them? Or do there need to be witnesses? What is the first step to take etc?
Hamza Asadullah
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Asalaamu Alaikum Wr Wb,
According to Sheikh Mufti Ebrahim Desai:
The validity of divorce is not dependant on witnessing. The divorce will be
valid if only the husband and wife are present. (Fataawa Darul Uloom vol.2
pg.710)
Therefore it is not obligatory for their to be witnesses for divorce although it would be better.
and Allah Ta'ala Knows Best in all matters
Wa Alaikum Asalaamu Wr Wb
islamirama
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Kula is not divorce, your misinforming her....
Khula’ is not regarded as a talaaq even if the word talaaq is used, according to the more correct opinion.
See http://islamqa.com/en/ref/126444
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.
Scholars understood that if a woman cannot stay with her husband, then the judge should ask him to divorce her by khula’; indeed he should order him to do so.
With regard to the way in which it is done, the husband should take his payment or they should agree upon it, then he should say to her “faaraqtuki” (I separate from you) or “khaala’tuki (I let you go), or other such words.
Khula’ is not regarded as a talaaq even if the word talaaq is used, according to the more correct opinion.
See http://islamqa.com/en/ref/126444
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.
Scholars understood that if a woman cannot stay with her husband, then the judge should ask him to divorce her by khula’; indeed he should order him to do so.
With regard to the way in which it is done, the husband should take his payment or they should agree upon it, then he should say to her “faaraqtuki” (I separate from you) or “khaala’tuki (I let you go), or other such words.
Hamza Asadullah
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Asalaamu Alaikum Wr Wb, what specificially is your disagreement with what i have posted? Please quote...
As stated it is not obligatory for witnesses to be present during Khula aswell as in Talaaq although it is better if two male witnesses are present then what is your disagreement?
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islamirama
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Wa'alaikum as’salaam wa rahmatullaah wa Barakaatuh
The issue is that she is asking about khula and you are telling about divorce.
Khula is best done with the local imam involved, this way if the guy backs out or starts being shadying, the imam can step in and force the guy to comply. It is safer and beter for a Muslimah to do khulah with the local imam involved (provided he isn't on the guy's side already, which i have seen).
The issue is that she is asking about khula and you are telling about divorce.
Khula is best done with the local imam involved, this way if the guy backs out or starts being shadying, the imam can step in and force the guy to comply. It is safer and beter for a Muslimah to do khulah with the local imam involved (provided he isn't on the guy's side already, which i have seen).
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Asalaamu Alaikum Wr Wb, she asked a question with regards to whether or not there needs to be witnesses present when Khula is taking place and i merely answered that no it is not obligatory but that it is better if 2 male witnesses are present. Therefore i don't understand what your objection is.
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Asalaamu Alaikum Wr Wb, my sister this issue can only be tackled by a local reliable scholar so it is best that you get advice from one as soon as you can. If you need help locating one then you may private message me your whereabouts and i can try my best to locate one for you inshallah.