Wife Applying for a Khula Because the Husband Is in an Illicit Relationship

CategoriesDivorce [536]

Fatwa ID: 04693

Answered by: Mufti Eunus Ali

 

Question:

 

My wife wants to apply for khula as I have a love affair with another lady ‘ can she go for it as due to this affair she is being neglected as I am unable to give her time and attention but giving money to run bread and butter.

 

 

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

 

 

Answer:

 

Firstly I would like to explain the process of Khul’a: Allah has stated in the Quran: And if you fear that they would not maintain the limits of Allah (i.e. marriage) then there is no sin upon them both in what she (the wife) gives up to secure her release. (Surah Al-Baqarah Verse 229)

 

In light of the above-mentioned verse, if the couple cannot maintain their marriage and the husband refuses to issue the wife a talaq, it will be permissible for the wife to give some money or wealth to the husband, which is agreed upon by both husband and wife, in exchange of releasing herself from his wedlock.

 

It is important to note that it is necessary for the husband to agree to the khula for it to be valid.

 

If the husband agrees to the Khula, the amount will be compulsory for the wife to pay to the husband and a talaq al-ba’in (divorce absolute) will take place. After completing the iddah (waiting period) the wife will be permitted to marry elsewhere if she wishes to.[1]

 

Secondly, it needs to be mentioned that any love affair outside wedlock is haram and therefore needs to be abandoned immediately.

 

In regards to your situation, if either you or your wife fears that you will not be able to uphold each other’s rights which have been given by the shariah, the wife may exercise her right to ask for khula.

 

 

Only Allah knows best

Written by Mufti Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

[1] Al-Lubab Fi SharhilKitab, Page 463, Al-Maktabatul Umariyyah

 

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