Fatawa Answer

Question: Requesting Fatwa on Khula

ID: 1741

Name: Marriage and Divorce

Question

 

Assalamualikum wrwb respected Imam/Mufti,

Context: Our nikah was done online in the presence of an imam and both families. At the time of nikah she was in Dubai and I was in the USA. I sponsored her to live with me in the United States, paid 100% university fees for her Master's degree in the United States, and guided her through the entire process of finding work, obtaining a work permit, and so on. Now that she has completed her studies and obtained a work permit, she left me in Seattle, Washington, and moved to Sugarland, Texas without asking me. She has made no contact with me for the last month; she is not responding to my messages and has blocked me.

She is making false allegations. The main reason she left me is because she likes to be independent and does not like me asking her to pray and follow the Quran and sunnah.

Can you please answer to few of my questions give fatwa on below questions:

1) Can she take Khula without my consent or knowledge by providing false details to the Imam/Mufti?

2) Will the Imam/Mufti cross-check with me the information she provided before granting Khula?

3) If she takes Khula, can I ask her to repay the Masters tuition fee I paid because she used me and left me right after finishing her studies and getting her work permit. I am not asking her to repay anything else I spent on her while she was living with me but just the Master's tuition fee.


Jazakallah Khair

 

Answer

 

بسم اللہ الرحمٰن الرحیم

الجواب  ومنہ الصواب

The first concern is whether the online Nikah was in fact solemnized or not. Before we can give a sound ruling on this, we need to know details of Nikah, namely:

a. Where were the witnesses stationed and whether your lawyer was present at the bride’s venue, or her lawyer was available at your place?

b. Where were the witnesses present and which party were they representing?

  1. For the wife to consider herself independent and consider the commandments of Qur'an and the Sunnah a burden, and the desire for separation on this basis is extremely disrespectful and impious, and in some cases, it leads to disbelief “kufr". Influential family members should be involved in this matter to try to resolve it amicably. 
  2. The consent and permission of the husband is necessary for the implementation of “Khul’a”. If “Khul’a” is acquired without husband approval, it shall not take place according to Shari’ah rules and both husband and wife remain locked in marriage. 
  3. Per Shari’ah rules, it is binding upon Imam Saheb to inquire and discuss with you about this matter. If “Khul’a" is enforced without your consent and approval, it shall not take effect.
  4. As compensation for “Khul’a”, the husband should not ask for more than the dower he had initially given to his wife. But if the wife was actually the abuser in this case, then the husband is allowed to ask for more compensation than the dower, but is not preferred. 

لما فی الھندیۃ بشرطہ ای (الخلع) شرط الطلاق (ھندیہ:۱؍۴۸۸

قال الامام السرخسیؒ والخلع جائز عند السلطان وغيره لأنه عقد يعتمد التراضي كسائر العقود وهو بمنزلة الطلاق بعوض وللزوج ولاية إيقاع الطلاق ولها ولاية التزام العوض(المبسوط للسرخی:۶؍۱۷۳

وکرہ أخذ شیء ان نشز وان نشزت لا ولومنہ نشوز ایضا ولو باکثر مما اعطاھا علی الاوجہ ’’فتح‘‘ وصحح الشمنی کراھۃ الزیادۃ وتعبیر الملتقی لابأس بہ یفید انھا تنزیھیۃ وبہ یحصل التوفیق (الشامی:۲؍۵۶۱

إن کان النشوز من جہتہا طاب الفضل للزوج، وإن کان النشوز من قبلہ کرہ لہ ذٰلک وجاز في القضاء۔ (الفتاویٰ التاتارخانیۃ ۵؍۷-۸ رقم: ۷۰۷۵ زکریا، فتح القدیر ۴؍۱۹۶ زکریا

فقط واللہ اعلم بالصواب

Answered On: Wednesday, May 17, 2023 | N/A

Answered By: Mufti Mohammed Ataur Rahman Sajid

Checked By: Mufti Mohammed Navalur Rahman