Is the Following Scenario a Case of Khul‘ Taking Place?

Answered by Mawlana Ilyas Patel

Question

I would like to find out whether this Khul‘ is valid or if they are still married. The husband had no intention of divorce; however, after seeing his wife demand her belongings, he allowed her to leave and took the dowry back. However, they have yet to speak about it or agree to Khula formally beforehand. Does that matter?

A few days after the wedding, the husband realized his wife is doing magic.  This was evidenced by her actions, seen in his dreams whilst undergoing ruqya shar‘i, and even her wife’s relatives eventually admitted that the wife and her family were involved in magic to distance the husband from his mother and make him submissive. The wife left (alone) for her parent’s home for a break. The husband prolonged this for one month so his family could do ruqya for longer and find a solution. By this stage, there was hardly any communication between families. The wife turned up suddenly at her husband’s house, demanding her belongings, and brought imam, presumably to ask for Khula. She shouted, “he is my ex-husband,” in public. A few days later, she collected everything and left but still wanted mahr (gold). Is this khula ok?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question. I am saddened to hear about your marital situation

In your case above, Khul‘ has yet to take place since they weren’t yet agreed.

Rulings of Khul‘

The jurists have written the following:

If the woman is at fault, then the couple may come to an amicable agreement with regard to Khul‘, where she returns to him her dowry (mahr) or some other amount. He may also, if he wishes, ask for her to return the things which he had gifted her with. However, he should not take any compensation in excess of the dowry (mahr) that he had given. He should grant Khul‘ in exchange for the dowry (mahr) alone and not more than that. If he takes more than the dowry (mahr), it will not be a good thing. However, it will be permissible.

If the husband is wronging the wife and there was no fault on her part, then due to this, she is forced to make Khul‘; in this case, he should not take anything from her in compensation. [Al-Fatawa al-Hindiyya]

Look For a Solution

Not knowing the exact detail of your query in such a sensitive marital matter, it would be worth looking for a solution other than divorce. If not, consult a scholarly body along with sitting down with the family.

Consult a Scholarly Body

Consult and apply at a recognized scholarly body and Sharia Council in your country. Depending on the situation, they will ask for the grounds and usually ask for witnesses or some other form of proof. Once khul‘ takes place, it will count as one irrevocable divorce. See and read the links below.

Pray two rakats prayer of Need and pray to Allah for ease and guidance. Allah Most High, destine what is good for you both and the families, Amin.

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Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.