Fatwa ID: 02145

Answered by Molana Eunus Ali

Question:

Assalamualaikum
I would like know your verdict inthe following case
A wife is fallen in love with another man whilst at work to the extent that she cannot live without him. She regularly travels with him abroad and lying to the husband that it is for a business trip. This is going on for almost 8 years
Husband is well to do and treats her nicely and is a decent man.
To avoid this cheating business with her husband can she demand divorce from her husband even if he is not willing to give from shariah point of view

Answer:

Firstly in Islam the wife does not have the ability to issue a divorce however she can request a khul’a.

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 khul’a for it to be valid.

If the husband agrees to the khul’a, the amount will be compulsory for the wife to pay to the husband and a talaq al-ba’in (divorce absolute) will take place.This means that the wife will begin her waiting period immediately and it will not be permissible for the couple to reconcile their marriage or for the husband to take back his wife without repeating the nikah, in which consent from the wife is required etc. If she does not consent to the marriage she will be permitted elsewhere after completing her Iddah. [1]

Secondly Allah has stated: Do not retain them with wrongful intent, resulting in cruelty on your part, and whoever does this, actually wrongs himself. Do not take the verses of Allah in jest, and remember the grace of Allah on you and what He has revealed to you of the Book and the wisdom, giving you good counsel thereby, and fear Allah, and be sure that Allah is the One who knows everything. (Surah Baqarah: 231)

If there is no possibility of reconciliation between the couple, the husband should not hold on to her out of spite or hatred as advised by Allah because this will not benefit either of them and will lead the wife to continue committing sin.

Only Allah knows best

Written by Molana Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham