Khula'

The process of khula

Q: My sister is married for 18 months. Her husband is unable to fulfil her basic needs. So far she has given him sufficient time to do so but he is unable. Finally she came to us and we also tried through all sources to compromise but all results are negative. Finally she wants to use her right of khula' with her husband. What is the process? She is separated from him since more than one year.

Husband accepting the khula

Q: I got married in the year 2006 and have two children. My husband got involved with some lady so my husband neglected me a lot. I got pregnant but he didn't care. He gave me a lot of tension so I had a miscarage. When I came to know about his affair I got hurt and started fighting with him but I accepted his new love with that lady but I told him that you stay happy and keep her away from my children but he kept on beating me and abusing me so that I may leave the home. I left home more than a year ago and within this separation time period he didn't keep any relationship with me nor did he divorce me. He didn't give any maintaince for the kids. He used to send 5000 in my Account for kids but 5000 is not enough for kids education and other expense so I took khula from him in September but he refused to give divorce as he has sold my 3 gold sets and he has not paid my huq maher so these are the reasons he didn't divorced me nor he accepted me as a wife but on khula he agreed. Now tell me is my khula done or not and what is my idaat time?

Court issuing khula'

Q: I filed for khullah in court on Feb 2014 and got khula' in my favour in June 2014 because my husband didn't show up in court neither he contacted me and my family, as he always said I'll never divorce you and neither will keep you as my wife. While I was in iddat (I planned to get a fatwa on my khula from muftiyaan when I got my certificate from court. The court remained closed in August. I got written divorce from my husband today almost three month after the court granted me khul'a and on the 17 th month of our separation. Kindly guide me about my iddat period as the court iddat will be finished on the  10th  of September. What should I do now as Sunnah. Please advise me. He didn't even bother to give me nafqa since our nikaah and didn't pay my maher as well.

Husband not supporting the wife and ill treating her

Q: I have been married for three years. I am a doctor and doing a job since the last 9 years. My in laws are very well off but after marriage my
husband simply said that he cannot bear my expenses and even asked me to give my salary to his mother. I started giving a handsome amount to his mother every month but I had to bear all my expenses myself. My husband also wanted sexual relations as many times a day as he desired and when I refused he beat me when I was four moths pregnant with my first son. At the time of birth of our first son I bore all the expenses myself and I told my husband that I will not give my salary to his mother since I have to look after myself and my son. My husband and his mother started pressurising me to quit my job and when I refused my husband beat me very severely. At that time I was pregnant. Then my mother in law asked me repeatedly to get the pregnancy aborted which I did not and I came to my mother's house in march 2012 and since then I am bearing all the expenses of my kids and me all by myself. My husband does not pay a single penny and hardly ever calls to ask about the kids. In the light of these what does the Shairi'ah say about my not wanting to have any sexual relations with my husband? If I take khulaa what would be the status of my kids knowing that their father does not care about them at all?

Not adopting the Shar'ee procedure to annul the nikaah

Q: I am from Karachi. When I was on duty my wife suddenly went back to her fathers house without my permission to hassan abdal dist attock and he forced me to give her divorce. When I refused, she went to court at hassan abdal and filed for a khula. She got khula from the court without giving back my 10 tola jewellery and she appeared in court and she took an oath that she has no jewellery. The judge gave her khula. Kindly tell me is the khula valid? She wants all her jahez saman back but she has all my jewellery and I have not signed any khula paper or given her any talaaq.

Asking the husband for a divorce

Q: I am a new convert muslim sister, after reverting to islam. I was interested in being married to avoid any sins on my part and have some religious support from a husband who can support me and help me become a strong muslimah. I spoke to my friend and she found me a guy who seem to be nice and all at the time we started talking and etc. Before marriage, he agreed to let me see my family who live in different state then I in the united states. After marriage, he started to act weird and changing around and play head games with me and not wanting to take me to see my family. With the grace and mercy of Allah, he has given me strength to wear niqaab, and as I feel bad to leave my husband and fly alone to see my family who live really far from me. He doesn’t seem to understand or want to understand or possibly care that they are my family and I need to seem them. Every time I bring the idea of seeing my family, he gets angry at me and just changes the subject. I avoid the situation and go along with it because I don’t want to end things with him. He also not only has this problem, but he is born muslim from Bangladesh and knows and goes in jamaat but his attitude and dealing with me is just pure harsh. All I do is work in telephone company and I go to work in niqaab. I come home to clean everything and also go to school and do everything to be perfect before he comes from work, but still he finds reasons to get mad at me and hate me and scream and treat me bad. I don't know what to do. Not only this, he has physically and still physically abuses me every week or every other week when he has any problem at school or at work and doesn’t have good day, he just takes it out on me and hits me and curses at me and puts me down like I am some piece of trash. I love him a lot and I do everything to be good wife in getting reward from Allah. But now it has gone to far and I being beaten every week for the past 2 1/2 years like this and still haven’t seen my family. I can never discuss my feelings with him because he tells me I am annoying and just need to get out of his face. I also spend my time just being lonely and my family are far from Islam and non muslim so that really puts me in hard situation and they don’t like him at all. I recently met a person in a Islamic chatroom who told me that this has gone to far and needs to be addressed and that I need to stand up for myself. Now I feel some support that I have somebody who seems to care about me and feel a bit strong and I am ready to just leave him if he hits me again and the way he looks at me just doesn’t seem like I am his wife, but his enemy. I don't ask anything of dunya from him but just for him to allow me in his life like I am supposed to be in it in the first place. I am his wife and he never talks to me in nice way. He just whenever feel ok just says something and most of the time he is either annoyed by me or just doesn’t want to hear from me till its night time and we go to bed. For 2 1/2 years this is going on and I being beaten and hit so much that I could barely walk sometime. I don’t show this because I don't want him to end up in jail for this and need some support for this information. I would like to know that this person helped me a lot and now I want to leave him if he just hits me again and I will find another way and ask Allah for help but I cant be with him any more. He keeps saying he will change for the past one year but he never will change because he still hasn’t yet. He goes to anger management classes and it isn’t helping at all. He doesn’t want me anywhere near him or anything and I am really afraid of him now so I would like to know if it is ok if I leave him and ask for divorce in this situation?

What is the validity of rulings by Islamic Court of America

Q: I want to ask about the validity of rulings by Islamic Court of America (Walnut, California). An orphaned sister who was abused by her step mother was married to an abusive husband who could not hold a job. Therefore the sister became the primary bread winner for the family. The husband continued to be abusive and is said to have had illegitimate relationships with other women. The husband married the maid of another family and brought her home as his wife to live in the same modest accommodation. The sister (first wife) continued to be the bread winner for the now extended family, whilst the husband continued to be abusive now with both his wives. The sister (first wife) was very concerned about the safety of her son as the husband would severely beat the little child and as such the sister fearing her and her child's safety left the husband to go to US telling him that she could earn more money there. However, once she was in US with her son, she asked for a divorce. More than ten years have passed the husband denies giving khulla, whilst an American court has issued divorce and the Islamic Court of America (Walnut California) has issued Khulla declaration based on permission from the sister's father and uncle who were witnesses to the marriage, and the American court divorce. The husband refused to talk to the court or anyone else regarding the matter and clearly says that he will not give her khulla ever, no matter what, and he expects her to return to him and continue living together as they were before, whilst he is not capabale of affording to pay for most of the basic needs of the family. Two years later, the sister is now looking to remarry but some around her are raising questions on the validity of her Khulla. Can she marry again? Is this Khulla valid?