Fatwa ID: 06685
Answered by: Muftiyah Habiba Akhtar
Question:
My (ex) wife asked for khula to whom I provided for 14 years as per my duties. I have never been abusive to her.
I agreed to provide accommodation (3-bed house) and maintenance as asked of me under sharia until the youngest kid is 23 years old of my 2 kids, and on top, I have waived the mahr and will give £50k out of kindness.
My ex isn’t happy with Sharia solutions, avoids going to scholars and takes me to British court for my assets (£550k) (she wants a permanent house in her name + extra money) and putting me in much financial hardship.
What advice would you give to my wife?
Would she be sinful for taking me to court after I have been Sharia-compliant?
Would the money she gets from court be halal for her?
Her parents are financially helping her with legal fees even tho I have been Sharia compliant, would they be sinful?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
When a divorce takes place, it is in the hands of the husband to issue the divorce. An option of divorce in the hands of women is called a Khula’ and in such circumstances, there should be genuine reasons for requesting divorce.
Consider the following:
It was narrated from Ibn ‘Abbas that the Prophet (ﷺ) said:
“No woman asks for divorce when it is not absolutely necessary, but she will never smell the fragrance of paradise, although its fragrance can be detected from a distance of forty years’ travel. ” (1)
A woman will be sinful and deprived of good if she doesn’t provide an appropriate reason for a divorce.
According to Shariah, a husband is obliged to maintain his wife till the Iddah ends. (2)
Hence, a husband’s responsibility of maintaining the wife seizes when the Iddah ends upon which even the wife is free to remarry.
The maintenance that is required from yourself towards your wife in the time of Iddah and then to your children are: (3)
- Food
- Clothing
- Shelter
The means and amount of which is dependent upon one’s financial position. A poor person will give what he is able to and a rich person will provide how much he can.
Consider the following verse:
“Let a man of wealth spend from his wealth, and he whose provision is restricted – let him spend from what Allah has given him. Allah does not charge a soul except [according to] what He has given it. Allah will bring about, after hardship, ease.” (4)
Thus, according to what you have listed as your expenditure towards your children; a rented home, 50 thousand pounds and maintenance towards your children will suffice the maintenance that is obliged upon you.
Beyond this obligation, to be asked for more will be oppression.
Using the courts to take more from you beyond what is reasonable is taking that which is someone else’s and this is considered ghasab. This is impermissible and the one who takes unwillingly becomes liable on that which he has taken. (5)
Therefore, in response to your query, the extra maintenance that your wife wishes to take from you via the court without your pleasure will not be permissible, she will be sinful and the money will not be halal. It will be best to approach a shariah-based council/court to assist with the disagreements.
Only Allah knows best
Written by Muftiyah Habiba Akhtar
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
(1)
حَدَّثَنَا بَكْرُ بْنُ خَلَفٍ أَبُو بِشْرٍ، حَدَّثَنَا أَبُو عَاصِمٍ، عَنْ جَعْفَرِ بْنِ يَحْيَى بْنِ ثَوْبَانَ، عَنْ عَمِّهِ، عُمَارَةَ بْنِ ثَوْبَانَ عَنْ عَطَاءٍ، عَنِ ابْنِ عَبَّاسٍ، أَنَّ النَّبِيَّ ـ صلى الله عليه وسلم ـ قَالَ “ لاَ تَسْأَلُ الْمَرْأَةُ زَوْجَهَا الطَّلاَقَ فِي غَيْرِ كُنْهِهِ فَتَجِدَ رِيحَ الْجَنَّةِ . وَإِنَّ رِيحَهَا لَيُوجَدُ مِنْ مَسِيرَةِ أَرْبَعِينَ عَامًا ” .
Sunan Ibn Majah 2054
(2)
وإذا طلق الرجل امرأته فلها النفقة والسكنى في عدتها رجعيا كان أو بائنا
(Hidayah, Vol 3, Page 392, Idarathul Qur’an)
(3)
وشرعاً: (هي الطعام والكسوة والسكني) وعرفاً: هي الطعام
Raddul Mukhtar, Volume 5, page 278, Darul Kutub Ilmiyyah.
(4)
{ لِیُنفِقۡ ذُو سَعَةࣲ مِّن سَعَتِهِۦۖ وَمَن قُدِرَ عَلَیۡهِ رِزۡقُهُۥ فَلۡیُنفِقۡ مِمَّاۤ ءَاتَىٰهُ ٱللَّهُۚ لَا یُكَلِّفُ ٱللَّهُ نَفۡسًا إِلَّا مَاۤ ءَاتَىٰهَاۚ سَیَجۡعَلُ ٱللَّهُ بَعۡدَ عُسۡرࣲ یُسۡرࣰا }
[Surah At-Talâq: 7]
(5)
لأن حقوق العباد محترمة ، فإن أخذها كان ضامناً يردهـا قال ﷺ : ( على اليد ما أخـذت حـتى ترده)
Qawaidul Fiqhiyyah, Page 100, Daruth Tirmidhi
