Can a wife ask for khulaa'? What is the practice and procedure?
In the name of Allah, the most Beneficent, the most Merciful.
Answer
There are two issues which I am going to discuss here. Firstly, the issue of khula and secondly what you should do in this situation.
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.
The second issue is what you should do in this situation.
The Shariah tells us that you should advise and try and remove any doubts your wife has regarding the marriage in a nice and beautiful way. If you cannot deal with the issue yourself, then you should resort to the mediation of either one of your or her family members.
If these two avenues fail, then as she is not interested to make an effort and give the marriage a go, it may be best that you divorce her. Your wife will be considered sinful for asking for a khula.
The Prophet of Allah Sallallahu Alahi Wasalam said, "If a women asks her husband for a divorce, for no reason, then the smell of paradise is forbidden for her" (Sunan Tirmizi p.226 v.1)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham
