Khula - Divorce

[Ibn Khattab]

salam alaikum

you knw when a muslim woman asks for a divorce, does the husband have to agree to it before the divorce proceedings can go ahead?

what if the husband doesnt accept the khula from the woman?

[Arrakis]

According to a hadith I read, it is NOT accepted if the husband does not agree:

Volume 7, Book 63, Number 213: Bukhari
Narrated Nafi:

Ibn 'Umar used to say about the Ila (which Allah defined (in the Holy Book), "If the period of Ila expires, then the husband has either to retain his wife in a handsome manner or to divorce her as Allah has ordered." Ibn 'Umar added, "When the period of four months has expired, the husband should be put in prison so that he should divorce his wife, but the divorce does not occur unless the husband himself declares it. This has been mentioned by 'Uthman, 'Ali, Abu Ad-Darda, 'Aisha and twelve other companions of the Prophet ."


Wonder what the hadith supporters have to say about this one. :confused:

[Kubs]

What if he doesn't agree? Surely you don't expect her to wait around just in case one day he changes his mind and files for a divorce. :rolleyes: There should be a valid reason why he chooses not to divorce... otherwise the lady has every right to go ahead without his consent.

Realistically speaking contested divorces take longer and are more expensive. As far as I'm aware, there is a statute of limitations that after a certain amount of time, possibly 50 to 90 days the divorce will be final.... regardless if the other person signs the papers or not.

[Kubs]

According to a hadith I read, it is NOT accepted if the husband does not agree:

Volume 7, Book 63, Number 213: Bukhari
Narrated Nafi:

Ibn 'Umar used to say about the Ila (which Allah defined (in the Holy Book), "If the period of Ila expires, then the husband has either to retain his wife in a handsome manner or to divorce her as Allah has ordered." Ibn 'Umar added, "When the period of four months has expired, the husband should be put in prison so that he should divorce his wife, but the divorce does not occur unless the husband himself declares it. This has been mentioned by 'Uthman, 'Ali, Abu Ad-Darda, 'Aisha and twelve other companions of the Prophet ."


Wonder what the hadith supporters have to say about this one. :confused:

In Islam both husband and wife are instructed to work on their marriage even during tough times. Marriage is a beautiful thing and even though divorce is permissible, it certainly isn’t recommended. You don’t agree to a divorce without a valid reason - if the wife does have a good reason then she can end the marriage through Khula.

[Neena77]

This question has always bugged me...maybe you could help?

If the marriage is not consummated, but the couple live together, do they still need to have a 'divorce'?

[bint]

neena. need and want are two different situations.what do u mean?

[Ibn Khattab]

This question has always bugged me...maybe you could help?

If the marriage is not consummated, but the couple live together, do they still need to have a 'divorce'?

i beg you take your question elsewhere :rubeyes:

[bint]

i beg you take your question elsewhere :rubeyes:
ha ha:D

hijack this thread now!:coolbro:

[Ibn Khattab]

ha ha:D

hijack this thread now!:coolbro:

so the husband has to say yes before the khula can take place?

[bint]

so the husband has to say yes before the khula can take place?
dunno:up:

[`asiya]

salam alaikum

you knw when a muslim woman asks for a divorce, does the husband have to agree to it before the divorce proceedings can go ahead?

what if the husband doesnt accept the khula from the woman?

so the husband has to say yes before the khula can take place?

:wswrwb: yes the husband has to release his wife from the marriage :up: she has to take it before the qadhi and he will order the husband to release her if she has a valid reason to ask for the divorce. As the prophet salAllahu alleyhi wa salam said that a woman who asks for khula with no valid reason will not smell the frangrance of Al Jannah. Is he still refuses to release her ( and some have been known to refuse although they arent giving their wives any of their rights) then the qadhi can anull the marriage.

[Ibn Khattab]

:wswrwb: yes the husband has to release his wife from the marriage :up: she has to take it before the qadhi and he will order the husband to release her if she has a valid reason to ask for the divorce. As the prophet salAllahu alleyhi wa salam said that a woman who asks for khula with no valid reason will not smell the frangrance of Al Jannah. Is he still refuses to release her ( and some have been known to refuse although they arent giving their wives any of their rights) then the qadhi can anull the marriage.

Jazakumallah Khairun sis :up::up::up::up::up::up::up:

[Neena77]

Thanks guys....

Did not mean to make anyone uncomfortable with the question...

Salams

Neena

[bint]

Thanks guys....

Did not mean to make anyone uncomfortable with the question...

Salams

Neena
nothin wrong with the question sis. tis fiqh.:up:

[Neena77]

neena. need and want are two different situations.what do u mean?


What I mean is that if the marriage breaks down, and they stop living in the same house, is a divorce still necessary? What about annullment?

[saifah]

a woman who asks for khullah without any valid islamic reason will never smell jennah if she asks and the man declines but its not an islamic situation for her to stay in the marrage the sheikh will ask him 3 times to let her go and if he still says no then the sheikh will see if its a situation she should or shouldnt stay in
the woman if the man asks has to return her mahr and she has an 'iddah of one menstral cycle
the talaq she has the 'iddah of 3 menstral cycles and gets to keep her mahr

wen the marrage isnt consumated the couple agree or the women says i dont wantto do it anymore there is not 'iddah for her and she can leave the marrage but should hav the witness of her mahram or walli whoever was witness to the marrage

[Abu Amr]

What I mean is that if the marriage breaks down, and they stop living in the same house, is a divorce still necessary? What about annullment?

yes, you can have a divorce, but the man has to give it. if he doesnt then the woman can seek annullment from a qadi (judge). thats islamically speaking, the civil system is different.

im not sure if you were getting at ithe ddah period. if the marriage is not consumated then there is no iddah for the woman.

[Ibn Khattab]

What I mean is that if the marriage breaks down, and they stop living in the same house, is a divorce still necessary? What about annullment?

i beg you take your question elsewhere :rubeyes:

jkkkk :p my questions been answered alhamdulilah so feel free to ask :D