khula the criteria..??

[ur_yusra]

If a woman is unhappy living with her husband but he refuses to divorce her then what are her rights regarding this.. This is the information I found.. but if anyone can elaborate..

Behishti Zewar clearly states that a woman can seek khula even if the husband refuses to divorce her. She can either pay him a sum for release or forego her mahr. She does not have to live with him. She does not need to provide reasons other than that she is not happy with her marriage and that she cannot or is unwilling to continue to be married to her husband. There is a reference to such a situation in the Qur'an in Verse 229 of Surah 2. A precedent took place at the time of the Prophet (saw) when Thabit ibn Qais's wife came to the Prophet (saw) complaining of her marital situation. She stated clearly that she had nothing to talk against her husband, neither in his manners nor in his religious attitude. She simply was not happy, married to him. Thabit ibn Qais had given her a garden as a dower, and the Prophet (saw) asked her whether she was willing to return it to him. She said she would and the Prophet (saw) told the man to accept the garden and divorce her.

If husband does not agree to divorce, the court of law can be invoked. When the woman demands divorce (through

[peace2u]

Re: khula the criteria..??

I think you did a good job :)

Peace

[Luces]

Re: khula the criteria..??

If a woman is unhappy living with her husband but he refuses to divorce her then what are her rights regarding this.. This is the information I found.. but if anyone can elaborate..

Behishti Zewar clearly states that a woman can seek khula even if the husband refuses to divorce her. She can either pay him a sum for release or forego her mahr. She does not have to live with him. She does not need to provide reasons other than that she is not happy with her marriage and that she cannot or is unwilling to continue to be married to her husband. There is a reference to such a situation in the Qur'an in Verse 229 of Surah 2. A precedent took place at the time of the Prophet (saw) when Thabit ibn Qais's wife came to the Prophet (saw) complaining of her marital situation. She stated clearly that she had nothing to talk against her husband, neither in his manners nor in his religious attitude. She simply was not happy, married to him. Thabit ibn Qais had given her a garden as a dower, and the Prophet (saw) asked her whether she was willing to return it to him. She said she would and the Prophet (saw) told the man to accept the garden and divorce her.

If husband does not agree to divorce, the court of law can be invoked. When the woman demands divorce (through khula’) then the husband has to agree finally, whether he wants or not. That is why the courts’ intervention is provided. Otherwise, wives will hardly be able to secure their right of separation, very much granted by Allah subhanahu Himself. So if the divorce/separation is effected through courts, they stay divorced. And they cannot re-marry unless the lady willfully and happily wants to.

Does anyone know if this information is correct?

I have looked at forms provided online by the sharia court in Leyton, London and the woman must list her reasons. They appear to only provide unilateral divorce in a few cases such as disease. Otherwise, they only appear to provide bilateral divorce (both sides must come to an agreement). The husband can still refuse to divorce his wife.

http://test.islamic-sharia.org/wp-co...plication1.pdf

1. Where the husband suffers certain physical defects, which are well-known in the Shari’a and are considered to be legal grounds for dissolution of the marriage.
2. Where the husband accuses the wife of unchastity: in such cases, the process of “li’aan” is to be applied (see the twenty-fourth chapter of the Quran).
3. Where the husband is untraceable.
4. Where an applicant embraces Islam but the husband refuses to do so.
5. Where the husband ill-treats the applicant or fails to fulfill his marital obligations or does not maintain her, despite having the means to do so.
6. Where the husband does not divorce his wife for one of the reasons mentioned, when so ordered by a judge.

[Luces]

Re: khula the criteria..??

bump..?

[muzzybee]

Re: khula the criteria..??

So, let me get this straight, a woman can divorce for no reason at all.Am I reading this right ?

[umm salabil]

Re: khula the criteria..??

The op is absolutely correct because we have hadith as proof. The Prophet pbuh didn't ask for reasons and didn't pressure the wife to remain married when she stated that there was nothing wrong with the husband but she wasn't happy in the marriage. Thus, no one is forced to tolerate something they can't. And women are given the right to get divorce simply by returning the mahr -which by the way is no easy task because women can't part with their husband's property. To be willing to return the mahr is evidence enough that the woman doesn't want the marriage.

[طالب العلمAhmed]

Re: khula the criteria..??

So, let me get this straight, a woman can divorce for no reason at all.Am I reading this right ?

Is there something wrong with that?

[muzzybee]

Re: khula the criteria..??

Is there something wrong with that?

No,I thought there has to be a reason for divorce.Not just because you felt like it.

[علي]

Re: khula the criteria..??

Is there something wrong with that?

There is a Hasan hadith (According to At-Tirmithi rahihahullah) forbidding it:

The thing which is prohibited is a wife seeking a divorce from her husband for no reason of the shariah. There is serious promise made for seeking a divorce without a valid reason. It is reported in the hadith of the Prophet (peace and blessings of Allah be upon him), "If a women asks her husband for a divorce, for no reason, then the smell of paradise is forbidden for her". (At-Tirmidhi narrated it. He said this is a hasan hadith. Sunnah At-Tirmidhi #1187.)

Source

That's not to say I think it's wise for even a man to ask for a pointless divorce. Today's time is not like yesterday's, when a divorce occurs, a lot of evil is often built upon it as a result. For example, the children who will now be missing a parent or both their parents and will have the shaytaan to raise them instead. A Muslim male or female who does this is oblivious to the state of this Ummah and indicates a neglect of even such a basic effort to rectify said state.

[طالب العلمAhmed]

Re: khula the criteria..??

No,I thought there has to be a reason for divorce.Not just because you felt like it.

There is a Hasan hadith (According to At-Tirmithi rahihahullah) forbidding it:



Source

That's not to say I think it's wise for even a man to ask for a pointless divorce. Today's time is not like yesterday's, when a divorce occurs, a lot of evil is often built upon it as a result. For example, the children who will now be missing a parent or both their parents and will have the shaytaan to raise them instead. A Muslim male or female who does this is oblivious to the state of this Ummah and indicates a neglect of even such a basic effort to rectify said state.

thank you

[ari1449]

Re: khula the criteria..??

Are men allowed to divorce for no reason?