Fatwa ID: 02079

Answered by Mufti Mohammed Tosir Miah

Question:

Is it possible for a woman to ask for khula from her husband because he wants her to do Haram sexual acts?

Answer:

Intentional sexual intercourse in the month of Ramadan whilst fasting is a grave sin which results in the fast to break. One will be required to do qadha of the fast and give expiation as well. (Raddul Muhtar p.386 v.3) Similarly, intercourse in a woman’s menstruation cycles is also unlawful as mentioned in the Holy Quran. (Surah Baqarah v.222) Furthermore, anal sex is also something which is haram and unlawful in Islam. It is narrated by Saaiduna Ibn Abbas Radiallahu Anhu that the Prophet of Allah Sallahu Alahi Wasalam has said: “Allah does not look at a man who comes to a man or to a woman through its back.” (Sunan Tirmizi p.220 v.1)

These kinds of sexual acts violates the rights of the wife, as in the case of anal sex and sexual intercourse during menses it is painful, harmful and injurious to the wife who is entitled by the Shariah to vaginal intercourse and the right to have progeny through this intercourse if she wishes.

Regarding your situation, you should firstly try to explain to your husband the lawful alternatives and ways in fulfilling his desires.

However, if your husband is still seeking anal sex, sexual intercourse during menses etc… then forward your case to the Islamic Shariah Council who may annul your marriage on the basis of your husband not fulfilling your rights.

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.

However if the couple cannot come to an agreement the wife may take her case to an Islamic Shariah Council who will evaluate the arguments and evidences presented and then come to a verdict which will be binding on all parties as in the case of the wife of Thabit (radiallahu anhu) at the time of the Prophet . (Sunan Abi Dawood )

An annulment of marriage can be effected in any of the following situations:

1. The husband is missing completely
2. The husband is absent with no known whereabouts
3. The husband is incapable of maintaining his wife
4. The husband is unwilling to maintain his wife
5. The husband oppresses the wife such that he does not fulfil her rights
6. The husband is castrated
7. The husband is impotent
8. The husband is insane
9. The husband is afflicted with leprosy or any other illness which makes living with him difficult
10. The choice of an immature when he/she attains maturity
11. Husband or wife become apostate
12. Foster relationship which only becomes known after Nikah. (The Complete System of Divorce p.213)

Contact Islamic Shariah Council, Dewsbury.

Maulana Yaqub Qasmi
Dewsbury, UK
Home/Office: +44 (1924) 464523

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.