Fatwa ID: 02087

Answered by Mufti Mohammed Tosir Miah

Question:

I went in to Nikkah with a girl lately and after 2 weeks she started saying it was forced marriage and she needs talaq, even rukhsati has not done yet. She has planned to apply khula, what are my duties in this regard?

However, I tried my best to resolve issues if there is any. But she is not interested to listen and patch up anything. 

Answer:

It is very unfortunate and sad to hear your story and I pray to Allah that he will make things easy for you. When Allah inflicts any hardships or calamity upon anyone, the purpose for this is to either test his true servants as Allah in the Holy Quran has said,

“Be sure we shall test you with something of fear, and hunger and some loss of wealth and lives and fruits and glad tidings to those that bear patience”.  (Suarh Baqarah v.156)

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 marraige in a nice and beautiful way. If you can’t 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.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham