Fatwa #4041314 December 2019United States of America
Is it permissible for me to ask for khula?
Question
As salaam Walaikum.
My husband just said one day that he doesn't love me anymore because of my anger issues. After me and my father begged him for one chance. He agreed. But his behaviors towards me was distant and different. So on suspicion I checked his computer and found out that he was having an affair. And not just that he is also into adultery and has been into adultery since before marriage. On confronting him he said all those things were before marriage. But it was all dated recently. And he is lying. His family also doesn't accept his mistakes. He eats Haram, watches Haram and does Haram. He doesn't pray . So is it permissable for me to ask for khula?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Sister in Islam,
We are deeply disturbed by the account of your turbulent marriage. It is indeed a great misfortune that you faced such circumstances in your marriage. We also make Dua that Allah grant you peace and happiness. Aameen
Nikah is a sacred bond where the sublime name of Allah Ta’ala is uttered to bring two individuals together who were totally forbidden for each other. Hence, we should always try to look for solutions to save the marriage.
You state that you have approached your husband with regarding to his actions, however he denies them. Therefore, we advise you to identify a senior family member or local Aalim who has influence over your husband and in-laws to intervene and discuss your problems with them.
If after making attempts of reconciliation, they find no solutions to your marriage and that you are truly being cheated upon, then you should make Istikhara and make a decision accordingly.
In Shariah, Khula is when the wife requests a divorce in exchange of Mahr or monetary exchange.[1] Khula is valid only if the husband consents to the Khula. Khula will constitute a Talaaq Baa’in (one irrevocable divorce).
Above all, we advise you to turn to Allah Ta’ala with Dua, Zikr and Salaah and beg Allah Ta’ala to change your situation. At the same time exercise patience and make your situation a reason to draw from the bounties of Allah Ta’ala and attain closeness to Allah Ta’ala.
And Allah Ta’āla Knows Best
Checked and Approved by,
Mufti Ebrahim Desai.
مختصر القدوري ، (ص: 163)
إذا اشتاق الزوجان وخافا أن لا يقيما حدود الله فلا بأس أن تفتدي نفسها منه بمال يخلعها به فإذ فعل ذلك وقع بالخلع تطليقة بائنة ولزمها المال
الدر المختار وحاشية ابن عابدين (رد المحتار)) (439/3
(هو) لغة الإزالة، واستعمل في إزالة الزوجية بالضم وفي غيره بالفتح. وشرعا كما في البحر (إزالة ملك النكاح)
الفتاوى الهندية(305/10)
الخلع إزالة ملك النكاح ببدل بلفظ الخلع كذا في فتح القدير