Fatwa ID: 01654

Answered by Mufti Mohammed Tosir Miah

Question:

My family and my husband’s family put a lot of mental and emotional torture and made me ask for khula and made my husband sign forcibly. He did not intend to give me khula. We were not even allowed to talk or communicate before that. Is the khula still valid?

 Answer:

There are two types of force:

1. Muljee: Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will kill him etc…
2. Ghair Muljee: Ghair Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will beat him up etc…

(Raddul Muhtar p.177 v.9)

(The difference is that in ghair muljee he is not threatened with his life.)

Furthermore, the jurists have added that if the individual who is being forced to divorce his wife is from a respectable background, then ghair muljee will be considered a sufficient enough force. If however, the individual is from a rough or aggressive background then muljee will be considered as a sufficient enough force. (Raddul Muhtar p.178 v.9)

Regarding your question, if your husband or you were not threatened in such a way where your lives were at risk then the khula agreed by you and your husband would be valid and one irrevocable divorce (Talaq Bain) will take place. Remember, emotionally forced is not considered to be force in the Shariah. However, you can still get back together again as long as you redo your nikah.

I’ll finish by explaining the theory of khula and how it occurs according to the rules of the Shariah.

A Khula is an agreement between the husband and wife to dissolve the contract of marriage in lieu of compensation paid by the wife.

Allah states in the Quran: “…It is not lawful for husbands to take anything back which they have given them except when both parties fear that they may not be able to follow the limits set by Allah; then if you fear that they both will not be able to keep the limits of Allah, there is no blame if, by mutual agreement the wife compensates the husband to obtain divorce. These are the limits set by Allah; do not transgress them, and those who transgress the limits of Allah are the wrongdoers.” (Surah Al Baqara: 229)

From the above ayah it is clear that Khula can only be carried out with the consent and agreement of both the husband and wife. The wife does not have the jurisdiction to enforce Khula without the consent of her husband.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.