Fatwa ID: 02332

Answered by: Maulana Afdhal Hussain

Question:

I am messaging you as I want to ask you if my husband doesn't give me proper haqq am I entitled to a divorce in Islam my husband is married to me in civil marriage and Islamic marriage but also has a
second wife in Islamic law but it seems he doesn't give me and my children from him any attention and treats me like a servant to do all his second wife's work in their house

Answer

بسم الله الرحمن الرحيم

The Prophet said: “If any woman asks her husband for divorce without strong reason, the odour of Paradise will be forbidden to her.” [Abu Dawud:2226, Tirmidhi:1187, Daremi:2270] However a woman is allowed to ask her husband for Khula (redemption) If he wants to keep her without giving her rights (Haqq). [see: Aap ka MasaeelkiHaal, vol:2, Question:1369, Publisher: Bangladesh Islamic Centre Dhaka]

The wife of Thabit bin Qays came to the prophet and said, 'O Messenger of Allah I do not  criticize him (Thabit bin Qays) in respect of his character or 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 Messenger of Allah said to him: "accept the garden and give her one divorce." [Bukhari:5273, Abu Dawud:2228, An-Nasai:3493]

Author of 'Al-Hidayah' explained "When the spouses face constant discord and are apprehensive that they will not be able to maintain the limits imposed by 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. If hostility occurs on his part, it is considered disapproved that he take compensation from her." [see: Al-Hidayah, Chapter: Khul]

Therefore, Khula is legislated in Islam. As you do not receive proper rights (Haqq) from your husband you can seek Khula from him. It is disliked for him to ask you for any monetary compensation in order to proceed Khula as hostility occur on his part.

Only Allah Knows Best

Written by Maulana Afdhal Hussain

Checked and Approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham