Husband intending to do the Khula for the third time with his wife

Fatwa ID: 03232

Answered by: Maulana Muhammad Afzal Hussain​

 

Question

Assalamualaikum

I married my wife three times nikha and she asking khula again. My second khula is of course fully by my wife and his dad and mom and his uncle and brothers so she is marrying me again third Nika. And she asking me khula again. But I don't want to leave my wife because my daughter is just two years old so what can I do

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful 

Answer:

 

Dealing with wife's ill-conduct: Allah said, "As to those women on whose part you see ill-conduct, admonish them." [An-Nisa:34] Meaning, the woman from whom you see ill-conduct with her husband should advise her and remind her of Allah's torment if she disobeys him. Indeed, Allah ordered the wife to obey her husband and prohibited her from disobeying him. The messenger of Allah said: 'If I were to command anyone to prostrate before anyone, I would have commanded the wife to prostrate before her husband, because of the enormity his right upon her.'

Imam Ahmad recorded that Abdur Rahman bin Awf said that the Messenger of Allah said: 'If the women prayed her five daily prayers, fasted her month, protected her chastity and obeyed her husband, she will be told, enter paradise from any of its doors you wish.'

Muslim recorded that the Prophet of Allah said: 'If the wife goes to sleep while ignoring her husband's bed, the Angels will keep cursing her until the morning.'

Appointing to arbitrators: In the case of estrangement and alienation between the two spouses, Allah said: 'If you fear a breach between the two appoint two arbitrators one from his family and one from her family. If they both wish for peace then Allah will cause their reconciliation.' (An-Nisa:35). The Fuqaha said that when estrangement occurs between husband and wife, the judge refers them to a trusted person who examines their case in order to stop any wrongs committed between them. If the matter continues or worsens, the judge sends a trustworthy person from the women family and a trustworthy person from the mans family to meet with them and examine their case to determine whether it is best for them to part or to remain together. Allah gives preference to staying together, and this is why Allah said: 'If they both wish for peace, Allah will cause their reconciliation.' [see: Tafseer Ibn Kaseer, commentary on Ayath 34 and 35 of sura An-Nisa]

Giving Khula repeatedly: 'An irrevocable divorce occurs through khula.' This is due to the words of the Prophet khula is an irrevocable repudiation. (see: Al-Hidayah, chapter: Khul).

It has mentioned in 'Fatawa Alamghiree' that "If someone marries several times to the same women and gives her khula each time he marries her, in the case the women will not be allowed for him to marry after the third time of khula unless the woman marries another man and he divorces her." [see: FatawaAlamghiree:chapter: Khula, Publisher: Meena Book House Dhaka, Bangladesh]

 

Only Allah Knows Best

Written by Maulana Muhammad Afzal Hussain

Checked and Approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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