Question regarding khula

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innocent

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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
 
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)
 
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.
 
innocent said:
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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divorce or khula isn't appreciated. Islam emphasises on strong relation relationship between the spouses based on love and mutual understanding.
 
azc said:
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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Thanks for the mini lecture.
We would all love to live in an ideal world.
 
innocent said:
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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Are you asking due to curiosity or is this an actual issue?
 
azc said:
And this small ideal world is in our hands. Make it beautiful or change it into hell.
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It's not all black and white you know. Maybe you've never had any issues or problems in your life Alhumdulillah.
 
[MENTION=18044]innocent[/MENTION]
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.
 
innocent said:
I would love to email a scholar but I don't know the email address of any.
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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.
 
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?
 
Why is it that the husband can deny intimacy under certain circumstances but the wife can't do the same. Please explain.
 
innocent said:
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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The wife has the same rights as the husband in regards to intimacy and she should not be denied those rights.
 
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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