{"id":8616,"date":"2016-09-23T16:27:01","date_gmt":"2016-09-23T16:27:01","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=8616"},"modified":"2016-09-23T16:27:01","modified_gmt":"2016-09-23T16:27:01","slug":"can-a-muslim-woman-cancel-the-marriage-in-this-situation","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/can-a-muslim-woman-cancel-the-marriage-in-this-situation\/","title":{"rendered":"Can a Muslim woman cancel the marriage in this situation"},"content":{"rendered":"

\n\tFatwa ID: 01991<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by <\/strong>Mufti Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

\n\tQuestion:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tThe question is with regards to a wife and husband. Due to several different reasons, after three years of marriage, the wife has decided to terminate the marriage.
\n\tSome of these reasons are as follows: The husband has intermittently been abusive to the wife (physically and verbally). Other crucial details are that the husband was involved in the consumption of alcohol during the 3 years of marriage and other prohibited things such as gambling. During the latter part of the marriage, the husband began frequenting strip clubs and also allegedly attempting to have physical relations with other women and much more.
\n\tThe husband is not practising. In the three years of marriage the wife has attempted to instil in her husband to perform prayers, fast, etc. But to no avail.<\/span><\/span><\/span>\n<\/p>\n

\n\tThe present situation is, the wife has left the husband (going back to her country) as a temporary measure initially, but it has been 14 months since. After much thought and deliberation, and several failed attempts to salvage the marriage, she has decided to terminate the marriage. The main reason for this is because although it has been just over a year with them separating, her several attempts of reconciliation between herself and her husband (family too) have been unsuccessful. The husband and his family do not respond at all, to the extent that they also changed their telephone numbers so that the wife cannot get in contact to settle things.
\n\tThe dowry (mehr) of £17,075 has not yet been paid. If the husband (and his family) refuse the right of a khula’ from the wife, what will be the next step that the wife should take? How does the wife obtain release from the marriage? Also, what happens to the mehr? (and if they refuse to pay that too?)<\/span><\/span><\/span>\n<\/p>\n

\n\tAnswer:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\t\"Bismillah\"<\/a>\n<\/p>\n

\n\tA Khula is an agreement between the husband and wife to dissolve the contract of marriage in lieu of compensation paid by the wife.<\/span><\/span><\/span>\n<\/p>\n

\n\tAllah 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)<\/span><\/span><\/span>\n<\/p>\n

\n\tFrom 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.<\/span><\/span><\/span>\n<\/p>\n

\n\tIn regards to the compensation, if the husband was at fault (which lead to the khula), then it is undesirable for him to demand compensation in return for a divorce. Allah states in the Quran: “If you wish to marry another wife in place of the one you already have, do not take back anything of what you have given her even if it be a heap of gold…” (Surah Nisa v.20)<\/span><\/span><\/span>\n<\/p>\n

\n\tFurthermore, there is a statement from Imam Zuhri \"ra\u1e25imahull\u0101h who says that a husband will be compelled to return the compensation he took from his wife if he had been at fault. (Musanaf Abdur Razzaq p.382 v.6)<\/span><\/span><\/span>\n<\/p>\n

\n\tHowever, if the husband did take compensation in the situation where he is at fault, it will be considered permissible, although Makruh. (Hidayah p.404 v.2) <\/span><\/span><\/span>\n<\/p>\n

\n\tHowever, if the wife was at fault, then it is undesirable for the husband to take from her more than he had given her (dowry) although it is permissible to take extra. (Hidayah, Ibid)<\/span><\/span><\/span>\n<\/p>\n

\n\tAn example of this can be found in a hadith where once Jamilah Bint Saluul came to the Prophet of Allah \"\u1e63allall\u0101hu wanting a khula from her husband. The Prophet of Allah \"\u1e63allall\u0101hu told her to return the garden which she took from her husband as the dowry, back to him. (Sunan Ibn Majah p.148 v.1)<\/span><\/span><\/span>\n<\/p>\n

\n\tHowever 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 \"ra\u1e0dyAll\u0101hu at the time of the Prophet \"\u1e63allall\u0101hu. (Sunan Abi Dawood )<\/span><\/span><\/span>\n<\/p>\n

\n\tAn annulment of marriage can be effected in any of the following situations:<\/span><\/span><\/span>\n<\/p>\n

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

    \n\tContact Islamic Shariah Council, Dewsbury.<\/span><\/span><\/span>\n<\/p>\n

    \n\tMaulana Yaqub Qasmi
    \n\tDewsbury, UK
    \n\tHome\/Office: +44 (1924) 464523<\/span><\/span><\/span>\n<\/p>\n

    \n\tRegarding your situation, you should contact the aforementioned number and arrange a cancellation of the marriage. In a situation where the case is taken to the Islamic Shariah Council for a cancellation of the marriage you will not be required to give anything back to your husband.   <\/span><\/span><\/span>\n<\/p>\n

    \n\tOnly Allah Knows Best<\/span><\/span><\/span>\n<\/p>\n

    \n\tMohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

    \n\tDarul Ifta Birmingham<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

    Fatwa ID: 01991 Answered by Mufti Mohammed Tosir Miah Question: The question is with regards to a wife and husband. Due to several different reasons, after…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[],"_links":{"self":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8616"}],"collection":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=8616"}],"version-history":[{"count":1,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8616\/revisions"}],"predecessor-version":[{"id":8617,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8616\/revisions\/8617"}],"wp:attachment":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=8616"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=8616"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=8616"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}