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Rulings pertaining to khul' (divorce initiated by the wife)

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  • Rulings pertaining to khul' (divorce initiated by the wife)

    The following is proof that we don't need women's rights activists (who are ignorant in many aspects of the religion) nor feminists to give women their rights.

    Their rights were established 1400 years ago.

    All we need to do is to learn the religion and apply the Sunnah.

    But to call to feminism and women's rights while being lax in the hijab or compromising your haya in mixed workplaces and universities, this will only make you go in circles with this feminism.

    Change will only come with applying the rules of Allah, not calling to justice for women while compromising the Sharee'ah in the process:

    While explaining some rulings pertaining to khul', Sh. Muhammad ibn Muhammad al-Mukhtar al-Shinqiti said the following:

    Therefore, if it is a fault in character of the kind which necessitates the intervention of a judge whereby he divorces her (the wife) from her husband, then he must grant her a divorce. For example, a man beats his wife and harms her, then she should not have to ask for khul', because if she does, then every husband who wants to harm his wife could take back his wealth. So if a woman complains of the character of her husband, we ask, what is wrong with him? If she says (it is his) manners, we say as long as it is in manners, it calls for khul'. But if the fault in character includes harm and abuse, such as beating, and it is possible to put a stop to it, that must be done. She has the right to take her case to the judge or her guardians so they can put a stop to the abuse/oppression. It is not permissible for the guardians to remain silent about a husband who abuses their sister or daughter.

    And of the matters to which we need to draw attention to, and people need to pay attention to, is that a brother has responsibilities and the father has responsibilities; therefore, they should not accept (be pleased) with their daughter or sister to remain with a husband who oppresses her. If they see him abusing her, they need to stand up to him and say, fear Allah with regard to my daughter/sister. He may not say, I won't come between a husband and his wife; it is not your right to do that. If the father remains silent, while he is able to rebuke him and do something, in this case, he shares in the blame and sin (of the husband); this is because (it is as though) he aided him. Similar is the case of the brother or the son (not stepping in, while able to do so). Every person who is able to put a stop to an injustice and chooses not to do so, then he is a sinner like the oppressor, because he enabled (aided) him.


    Taken from: http://audio.islamweb.net/audio/inde...audioid=341177

  • #2
    Re: Rulings pertaining to khul' (divorce initiated by the wife)

    Let's say the wife is getting mistreated (so the rules for asking for khul' pertain) and the husband won't won't divorce her, and the family tried to change him but he won't, what can she do (from an Islamic point of view of course)? Also, I saw someone write that if she lives in the west (or non-shariah country), she can file for divorce through the court, is that Islamically legal to divorce the husband without his approval (so would the divorce be batil by shari'ah standards)?

    (I tried looking it up but no fatwa site came up just sites like reddit)

    Comment


    • #3
      Re: Rulings pertaining to khul' (divorce initiated by the wife)

      Good post son, :jkk:

      Comment


      • #4
        Re: Rulings pertaining to khul' (divorce initiated by the wife)

        https://versebyversequranstudycircle...he-mahr-dowry/
        وَاقْصِدْ فِي مَشْيِكَ وَاغْضُضْ مِن صَوْتِكَ ۚ إِنَّ أَنكَرَ الْأَصْوَاتِ لَصَوْتُ الْحَمِيرِ - 31:19

        And be moderate in your pace and lower your voice; indeed, the most disagreeable of sounds is the voice of donkeys."


        أَلَمْ تَرَوْا أَنَّ اللَّهَ سَخَّرَ لَكُم مَّا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْضِ وَأَسْبَغَ عَلَيْكُمْ نِعَمَهُ ظَاهِرَةً وَبَاطِنَةً ۗ وَمِنَ النَّاسِ مَن يُجَادِلُ فِي اللَّهِ بِغَيْرِ عِلْمٍ وَلَا هُدًى وَلَا كِتَابٍ مُّنِيرٍ - 31:20

        Do you not see that Allah has made subject to you whatever is in the heavens and whatever is in the earth and amply bestowed upon you His favors, [both] apparent and unapparent? But of the people is he who disputes about Allah without knowledge or guidance or an enlightening Book [from Him].


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        • #5
          Re: Rulings pertaining to khul' (divorce initiated by the wife)

          Originally posted by Sarah5 View Post
          Let's say the wife is getting mistreated (so the rules for asking for khul' pertain) and the husband won't won't divorce her, and the family tried to change him but he won't, what can she do (from an Islamic point of view of course)? Also, I saw someone write that if she lives in the west (or non-shariah country), she can file for divorce through the court, is that Islamically legal to divorce the husband without his approval (so would the divorce be batil by shari'ah standards)?

          (I tried looking it up but no fatwa site came up just sites like reddit)
          Its not khula then, its called fusqh nikkah,
          nulling of the nikkah,
          if the criteria is met then its sure given, and there r situations in which its sure given,,

          Comment


          • #6
            Re: Rulings pertaining to khul' (divorce initiated by the wife)

            Originally posted by m7md View Post
            Its not khula then, its called fusqh nikkah,
            nulling of the nikkah,
            if the criteria is met then its sure given, and there r situations in which its sure given,,
            This is only in Shari'ah (fusqh nikkah)?

            And if you live in the west, the imam would have to permit the woman to go ahead and file a divorce?

            Comment


            • #7
              Re: Rulings pertaining to khul' (divorce initiated by the wife)

              Originally posted by Sarah5 View Post
              This is only in Shari'ah (fusqh nikkah)?

              And if you live in the west, the imam would have to permit the woman to go ahead and file a divorce?
              I guess that will be after the imam has done fusqh nikkah, and hes sure the nikah is no longer there then he will tell her to file for a divorce,,

              Comment


              • #8
                Re: Rulings pertaining to khul' (divorce initiated by the wife)

                Originally posted by m7md View Post
                I guess that will be after the imam has done fusqh nikkah, and hes sure the nikah is no longer there then he will tell her to file for a divorce,,
                Oh I see! :jkk:

                Comment


                • #9
                  Re: Rulings pertaining to khul' (divorce initiated by the wife)

                  :jkk:

                  It would be wise for women to know how to access a judge / people of knowledge for their own safety and security.
                  I could imagine some women not having access to scholars as being problematic.

                  Comment


                  • #10
                    Originally posted by Sarah5 View Post
                    Let's say the wife is getting mistreated (so the rules for asking for khul' pertain) and the husband won't won't divorce her, and the family tried to change him but he won't, what can she do (from an Islamic point of view of course)? Also, I saw someone write that if she lives in the west (or non-shariah country), she can file for divorce through the court, is that Islamically legal to divorce the husband without his approval (so would the divorce be batil by shari'ah standards)?

                    (I tried looking it up but no fatwa site came up just sites like reddit)
                    How can a legal divorce through western law be the same as a Shariah divorce? They are two different systems.

                    Comment


                    • #11
                      Re: Rulings pertaining to khul' (divorce initiated by the wife)

                      Originally posted by Stoic Believer View Post
                      How can a legal divorce through western law be the same as a Shariah divorce? They are two different systems.
                      I don't know that's why I questioned what I read. I didn't understand it but brother m7md cleared it up

                      Comment


                      • #12
                        Re: Rulings pertaining to khul' (divorce initiated by the wife)

                        1. If the husband refuses to give her a divorce, she may refer the matter to the Islamic judge (qaadi) so that he can force the husband to divorce her or he himself can issue a divorce, if the husband refuses to give a divorce. If there is no Islamic judge, she may refer the case to the Islamic authorities in her country, such as the Islamic Centre, so that they can convince the husband to issue a divorce (talaaq) or ask him to let her go by means of khula‘


                        And khul' is a type of faskh فسخ i.e. cancellation of the marriage contract. See: https://islamqa.info/ar/133859


                        2. If you went to the court that is based on the man-made law of the land and the court obliged your husband to issue a divorce, and he spoke the word of divorce (talaaq) or he wrote it down with the intention of divorce, then it counts as such.

                        If he did not utter or write the word of divorce (talaaq) with the intention of divorce, and it was the court that issued a ruling of divorce, then a divorce ordered by a kaafir judge does not count as such.


                        Source for both: https://islamqa.info/en/127179

                        Comment


                        • #13
                          Re: Rulings pertaining to khul' (divorce initiated by the wife)

                          Originally posted by A.Basheer View Post
                          1. If the husband refuses to give her a divorce, she may refer the matter to the Islamic judge (qaadi) so that he can force the husband to divorce her or he himself can issue a divorce, if the husband refuses to give a divorce. If there is no Islamic judge, she may refer the case to the Islamic authorities in her country, such as the Islamic Centre, so that they can convince the husband to issue a divorce (talaaq) or ask him to let her go by means of khula‘


                          And khul' is a type of faskh فسخ i.e. cancellation of the marriage contract. See: https://islamqa.info/ar/133859


                          2. If you went to the court that is based on the man-made law of the land and the court obliged your husband to issue a divorce, and he spoke the word of divorce (talaaq) or he wrote it down with the intention of divorce, then it counts as such.

                          If he did not utter or write the word of divorce (talaaq) with the intention of divorce, and it was the court that issued a ruling of divorce, then a divorce ordered by a kaafir judge does not count as such.


                          Source for both: https://islamqa.info/en/127179
                          Jazaka Allah, very insightful! I will review the links

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