Fatwa ID: 05293

Answered by: Mufti Muhammad Afzal Hussain

Question

If the wife wants a divorce and the husband won’t give it himself but is telling her to do kullah is she allowed to. As they not living together and won’t be able to make it work because of very bad complications. What is the best advice does she go through the sharia council.

In the name of Allah the most Beneficent, the Most Merciful

Answer

When the spouses face constant discord and are apprehensive that they will not be able to maintain the limits imposed by Allah (hudud Allah), then there is no harm if she seeks to redeem herself from him through wealth on account of which he will let her go. This is based upon the words of the exalted, “If you do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she gives something for her freedom. These are the limits ordained by Allah, so do not transgress them. If any do transgress the limits ordained by Allah, such persons wrong (themselves as well as others). (Al-Hidayah, Chapter:69, Khula)

The wife of Thabit bin Qays came to the prophet and said, “O Messenger of Allah I do not criticize him in respect of his religion, but I hate to be guilty of ungratefulness in Islam. So the Messenger of  Allah asked her: Will you give him back his garden? She replied: yes. So the Messenger of Allah said to him: Accept the garden and give her one divorce”. (Bukhari:5273)

Only Allah Knows Best

Written by Mufti Muhammad Afzal Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham