Khula’ Fatwa

Fatwa ID: 02105

Answered by Ustadha Mahdiyah Siddique

Question:

I married on April 2016 and my wife asking me for divorce (khula). I am very simple and kind person, she blamed me that I tell everything lies to her, she blamed me that I am not fulfilling her wishes and not performing husband duty, I and my family member trying to convince her regular, but she want divorce. As a husband I fulfilled all her wishes perform as a husband, what I do, please suggest me.

Answer:

Bismillah

In response to your question; 

If your wife has came to the decision that she would like to appeal for a Khula’ then that is her decision and one that she is entitled to. As you have mentioned you and your family members have tried to convince her to no avail, thus the only other advice would be to set up a final attempt of mediation between the two of you by choosing a trustworthy member from both your and her family to try and help overcome the differences.

This is something we can take from the Quran, as Allah the Almighty states, ‘And if you fear dissension between the two (married couple) so send (appoint) an arbitrator from his family, and an arbitrator from her family. If they both desire reconciliation, Allah will bring about unity amongst them. Verily Allah is the All-Knowing, Well-Acquainted with all things. (Surah Nisa: Verse 35)

To conclude, if the aforementioned endeavour does not bring about any resolution then as per her right she would be entitled to Khula’ and thus be set free from the marriage, on the basis of the statement of Allah the Almighty, ‘The divorce is twice, after that, either you retain her on good terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of that which you have given them (Mahr), except when both parties fear that they would be unable to keep the limits ordained by Allah. Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them regarding that which she sets herself free with (if she gives back the Mahr or part of it for her Khula’). These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits of Allah; then those are the wrong-doers.’ (Surah al-Baqarah: Verse 229)

Only Allah Knows Best

Written by Ustadha Mahdiyah Siddique

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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