Fatwa ID: 05016

Answered by: Mufti Mohammed Tosir Miah

Question

My wife is not adjustable in nature and we have regular fights. And till now I have not given Maher to my wife. When I was in Mumbai & my wife was living in her parents’ home in Assam. I received a letter with the signatures of three witnesses. In that letter, it was written, that “within three months’ time, if I do not go to meet her or take her out from her house, then I can keep the mahr amount that I have not given to her with me against khula. It will be assumed that she has asked for khula & I have given her.” I received the letter & called her mobile. She accepted that she & her parents have sent this letter to me. I got angry & do not go to take her. For three years I have not met my wife. Now I want to know that is this kind of khula letter having witnesses is valid for khula? Is she is still in my nikah or not? Can she marry another man?

In the name of Allah, the Most Gracious, the Most Merciful

Answer

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 a 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.

From the aforementioned information, we can derive that if you had not consented, then there is no Khula between the husband and wife. You are still technically married and it will not be permissible for your wife to conduct a nikah with someone else.

Only Allah Knows Best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham