Q&A: What is Khula' and Its Procedure? | Dr. Mufti Abdur-Rahman ibn Yusuf
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- เผยแพร่เมื่อ 9 พ.ค. 2020
- Question: Please explain what is khula and the process?
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Masha Allah Mufti sb.
Shukaran wajazakallahu khair
Such a well rounded explanation.
Jazakallahukhair
Wow that's harsh. Any husband that doesn't want to instantly divorce his wife is labeled oppressive and unreasonable? SubhanAllah.
Respected Mufti Abdur Rahman Ibn Yusuf,
I hope this message finds you in good health and high spirits. I would like to address a few points raised in response to your video regarding the topic of Khula.
Firstly, I kindly request you to share the references from the Quran or Hadith that indicate pressurizing the husband in the context of Khula. I mentioned Chapter 4 Ayat 34 and 35 , Surah Nisa of the Quran, which seem to suggest otherwise. It would be greatly appreciated if you could provide clarification on this matter.
Secondly, I observed a mix-up between the concepts of Fasiq e Nikah and Khula in your talk. It is my understanding that a woman seeking Khula must establish valid grounds before Fasiq e Nikah can be considered. Khula itself is a separate matter and should not be confused with the concept of Fasiq e Nikah. I would appreciate it if you could shed more light on this issue.
Additionally, I would like to mention that the practices related to divorce in the UK and other countries often deviate from the principles outlined in Sharia, the Quran, and Hadith. Therefore, it may not be appropriate to include such practices in discussions about Islamic way of living and Sharia for those women who strive to adhere to these principles.
In watching your video, I perceived a certain level of subjectivity, which raised concerns regarding the potential misinterpretation of your message by women. It would be beneficial to ensure that the information shared is presented in a manner that minimizes any misunderstandings and promotes a clear understanding of Islamic teachings.
Furthermore, I noticed a missing aspect in your talk concerning the Hanafi view on the grounds of impotency as a valid reason for Khula. It would greatly enhance the comprehensiveness of your discourse if this aspect is also addressed.
I appreciate the knowledge and insights you bring to these discussions, and I believe there is an opportunity for us to engage in further dialogue. I tried reaching out to you via phone, as I am eager to learn more from your expertise and share any useful information I may have.
Thank you for your time and consideration. I look forward to hearing from you.
👍👍👍🙏🙏
I have been informed that there is no grounds to have a shariah council as it requires a qadhi. If there is no exitance of a qadhi in a foreign country then what can't exist is a khula or a fasqh. What is the basis of having a shariah council in the uk. Most husbands are stubborn. I know that the alternative option is to have two appointed parties from each side to try and place a settlement. Jazakallah khair.
Pls tell me iddat of khula ?
How long khula idda plz clarify according to Quran and sunnah
can a woman supervise the khula session/ discussion?
Do u have any vdio on dividing money after divorce according to islam
Please confirm,if somebody did sharia nikkah and its not written or neither documented so when they wanna be apart how to take khula
Where are the witnesses of the 'shariah nikkah' bring the witnesses to the Qadhi
why was it undocumented usually you have to sign paperwork,.
Respected Mufti Abdur Rahman Ibn Yusuf,
I hope this message finds you in good health and high spirits. I am writing to seek clarification on certain points related to the topic of Khula, based on your video presentation. I have some concerns regarding the statements made and would greatly appreciate your expert insights.
Firstly, in your video, you mentioned that if a woman seeks Khula and is not ready for the Iddat period, it implies that she is not obeying Sharia and thus can be attributed to an aggressive syndrome. I would like to understand the basis for this claim and kindly request you to provide references from the Quran or Hadith that support this perspective. It will help in gaining a better understanding of the subject matter.
Secondly, I noticed a possible confusion between the concepts of Fasiq e Nikah and Khula in your talk. From my understanding, Khula is a separate process initiated by a woman seeking divorce on valid grounds where consent of Husband Is mandatory. Fasiq e Nikah, on the other hand, relates to a situation where the husband is deemed to be in violation of Islamic principles and court after proving the situation may go for Fasiq e nikkah. I would be grateful if you could shed more light on this distinction and clarify any misconceptions that may have arisen.
Additionally, I would like to highlight that divorce practices in countries like the UK often deviate from the principles outlined in Sharia, the Quran, and Hadith. Therefore, it might not be suitable to incorporate such practices into discussions about Islamic way of living and Sharia for women who aspire to adhere to these principles.
While watching your video, I noticed a subjective tone that could potentially lead to misunderstandings among women seeking guidance. It is essential to ensure that the information shared is presented in a manner that minimizes ambiguity and fosters a clear understanding of Islamic teachings on divorce and Khula.
Furthermore, I would like to draw attention to the Hanafi view on impotency as a valid ground for Khula, which was not discussed in your video. Including this aspect would contribute to a more comprehensive discourse on the subject matter.
I value your knowledge and expertise in Islamic matters, and I believe that open dialogue can help us gain further insights. I have attempted to reach out to you via phone as well, as I am eager to engage in a meaningful conversation, exchange ideas, and share any relevant information I may have.
Thank you for considering my inquiries and concerns. I am looking forward to your response, which I hope will bring clarity to these matters.
Can I ask if husband and wife agree to divorce can the divorce be arranged via a mufti you mentioned informally and does that involve paperwork etc to confirm
Yes, so he can marry another woman and you marry another man. Especially if you live in Western countries..some people just verbally agree to divorce each other
As far as I see it, in the uk, the birmingham islamic council will get a khula by annoying the husband to such an extent that he accepts angrily, they accept bribes to fast track a khula, refuse the husbands request for a council meeting, it’s easy money for them
Who are Birmingham Islamic council? No all are like this
@@blackgown7485 Google them, I have proof they are corrupt and in it for the money
Can she give khula when no one is there as an mediator?
They don't live in island 🙄. Their will always be someone 🙂
Orphan often don't have any guardian
What is the evidence that the women MUST go to a Sharia Arbitration Panel if they want to divorce a husband who does not give it willingly? What are are the hadith?
As I understand the hadith about the wife of Thabit Ibn Ways, it is the fact that the women gives back the mahr that results in the khula. So where is the logic in that a women cannot independently get a divorce? Why this Shariah Arbitration Panel? What is the reasoning in accordance with Hadith?
What about Iddah duration for khula?
1 month for khula and 3 months for Talaq
I know there's a lot of husband who don't full fill purpose of nikah bcz of haram they loose intrest in their wives....but they keep them for the sake of kids and society....no more fear is remain in us.... Allah swt says in Quran Don't hang them in between....bcz if you fear Allah and do accordingly he will surely make a way for both of you....but they see temporary struggle not the long coming peace....they indulge children themselves and the whole family into a messy marriage which leads to great disaster...
May Allah give us hidayah
Interesting. So if the love 'temporarily' dies, the marriage dies!
Bro- if youre saying that on the basis of the hadith...
The problem there was , that the man was too ugly for the women so she couldn't sleep with him - and therefore couldn't fullfil his rights - she had no other choice then being injustice to him - therefore she wanted to be out of that marriage...
This was a great explanation - however I have noticed many Imams issuing Khulas as against the will of the husbands. When the Imam has the option of granting the divorce via Faskh-i-Nikkah - it's sad they don't leverage that.
Also - if a husband is being stubborn and not granting. the divorce - is she only entitled to forego the mahr or does she need to compensate him more? Sorry that point wasn't very clear especially on the Sahabaeen where she was asking to return the orchard - was that her Mahr or something they shared as a couple collectively?
Mahr
Only meher amount will be returned
I read that if the husband agrees to the khula then she gives bk her mahr but the husband out of kindness can also wave this...but if h refuses n shes granted fasq then she doesnt hv to gv bk mahr
@@Razia10376 2:229 no blame on either of them if a woman opts to give something for her release
@@aminayasin416 2:229 doesn't state that, no blame for either party of she opts to compensate
I feel nowadays women are misusing the usage of the term "mistreatment".
Marriage is based on compromise and tolerance. Women do not want to compromise on anything and their tolerance is also reduced because they have already had so called love affairs in the past (before marriage). They are always seeking that ideal husband which can never happen.
Hadith needs context, when they want to prove they are right, they just quote a hadith without going into much details.
have you checked out Adam seeker on youtube?
Is khula include in three talaq
Absolutely not! Khulah is "fasq e nikkah" while 3 divorce is something else
Khula is not asking one of the three divorces infact khula is simply nullifying Nikkah by qazi or husband
In Canada masjid committee don't do that because I went there , thru said we can't do that because you need divorce certificate from court then come to us then we will do islamic way Khula. Well Canada law keep us wait for 1 year separation then you can file for divorce. Basically the woman is stuck for I am half year in this and she can't get married soon. She have to work or take social assistance for survival because she doesn't have any family here
Faskh e Nikah needs Valid Grounds and proof to dissolve the marriage. or the Qadhi (judge) has no right to dissolve the marriage on his behalf. since he is not the husband & he can not divorce a woman on behalf of his husband. This is agreed by All Major Sunni IMAM.
This logic could trap women in abusive and dangerous marriages forever, at the end of the day if the husband does not want to engage with the Qadhi this probably indicates him as problematic since the Qadhi has the right to force the husband to divorce his wife, if the husband doesn't even engage then there will be no option but for the Qadhi to rightly dissolve the marriage and every will be before Allah swt on the day of resurrection...
@@emma647 Qadhi can only force a husband to give Give khula or Talaq if he is an abusive husband or any condition mentioned in Fiqah Nafi Based on Shariyah Fatwa. If a man is not guilty and women put false alligation without proof. not even a Qadi has right to disolve that marriage. if they disolve this that would be Civil divorce not Islamic Divorcce. in islam that women is still under his Nikah.
In Quran it's already mentioned that A man hold the tread of Nikah & other Surah Mujadila even out belobved prophet Muhammad PBUH couldn't revoke a divorce than Allah sent his Ayat. no one one earth can disolve anyones marriage but only under the conditoins mentioned in Shariyah
@@inkinshop3948 there is no such thing mentioned in Quran
@@mazdekkhan8957 There is no such thing in islam that any qadhi can Disolve marriage without any reason. & in Surah Nisah it's clearly mentioned that with the agreement of both parties they can come into solution which could be Khulah.
@@inkinshop3948
Can you prove your husband doesn't pray?
Can you prove your husband doesn't provide properly?
Can you prove your husband neglects you?
Can you prove your husband doesn't satisfy your sexual needs?
Etc etc etc
Please use your brain,
there is a hadith that implores women to not divorce their husbands for no reason, logically there could be no such hadith if a women couldn't divorce ( Khula) without 'proof' would they Einstein...
stop making things up..
A Qadhi has the power to end a marriage where a husband refuses and the woman holds a valid reason for wanting to escape, if a qadhi requires 'proof' this is a man made law that has no islamic basis nor any logical one...
Most women even ask for more from the husbands.. golddigers
If he is providing everything but he always talks in aggressive way and didn't respect his wife's family members... And he always restricts her in doing anything... Then one should file for khula?
This!! Some one please reply to this?? Sisters need help
Who the hell are you to demand respect for the shit family that you belong to?? If he doesnt respect you then it is a cause for consideration how dare you expect him to go out of the contract he has with YOU for your dumb family, its women like you that are the root cause of divorces.
No although i am a womam my self
Is he abusing you mentally emotiomally finisncially is he oppressing n yoi become a sick ill victim in four wall from the world is he starving you thrn a Bbig NO .
SOME WOMAN ARE DONT FEAR ALLAH
There's a difference between poor character, restrictions and that which is clear oppression. If there is clear oppression and you are physically, psychologically, emotionally being abused.. then yes, you can request a khula.
@@halimahajat8683 Islam does not recognize these excuses which are western even physical punishment is permitted against wife when she's provocative and disobedient read surreh nissah verse 34 wife-Beating is permissable.
Dear Br. I hear many of you 'sheiks" talking about this hadith related to the lady of "Sabit". You have to clearly communicate the specific situation of their marriage and asking for divorce. Do you not know the full story or you are hiding it on purpose. Q. When did she found Sabit not attractive, starting from what time, before the marriage or after the marriage.
Fear Allah. Do not mix the truth with falsehood which will misguide and poison the believers. Do not miss guide the believers under the cover of beard and being an Imam or a Shaikh.
why you some men have so much problem with muslim women taking fakh e nikkah from courts? do we complaint when a husband still gives divorce where a wife is innocent and never on mistake
@@aminayasin416 just google which gender is responsible for divorce.
God gave this right to men because men are far less likely to initiate divorce whereas women are super emotional about it, it wouldn't be safe to let the emotional person handle family.
What about the stubborn wifes ?
What do you mean stubborn?
Bro they're one-sided.
When it comes f divorce or khullu their is lots of injustice for women...sharia laws and gvt law always in me favours...no women does it with happiness.
You are saying that Allah is unjust???
If husband wants to take 2nd wife , and frst wife objects it - Telling shell take khula ?
Is it a legitimate reason to take khula ??
Yes
no. absolutely not. and the funny thing is that she herself will BEG a married man to marry her, when you divorce her.
@@MariumAsifKhan04000 ok but wat about aftr taking khula even aftr knowing the husband loves her ?? but still only cox he wants to take 2nd wife, she takes khula !!! She is going to get adjusted with new guy easily??? fr a woman its difficult to get adjusted with new man I hv seen.. want opinion
@@razamughal4582 oh really? i guess woman will easily find a man again.. any opinion on it ?
@@bilalameer57 no way. yes she will find a boyfriend who is using her. not a husband. any man that marries more than one woman can ONLY be thought of as being a decent man, who could have got a woman for free but instead honoured her with marriage.
The mosque person has told me to km to the mosque and give the kullah, cus husband is in Pakistan. Then send him 2nd copy the am divorce after 3mnths. Him in Pakistan has agreed for me to give him the dog!!!
Fear Allah.
wives?
I believe Islam never do unjustice to any one why in this case? Why ?
What are you talking about. A women can divorse man and she need to give her mehar back what's the problem here for you.
Astaghfirullah. Out of mind man
Angry husband syndrome!!!!............haha.....what an appropriate phrase!! JazakAllah khair for a clear and crisp explanation
Better use it against your son and brother when their wives file for khulah and take their children and money & leave them to die alone. Then tell them about angry husband syndrome.
@@jahangirsamtio8690 looks like somethingz terribly wrong with you! The actual meaning of the comment is solely on the explanation of the video, I haven't created that phrase. Whatever might have happened wrong with you May Allah send His Rahmah upon you!
@@aysh220 don't listen to this westernized branded so-called Muslim cleric who is clearly biased against men calling us angry husband syndrome.
Is he wearing a rolex
Marriage is about consent, if either party remove their consent then a marriage becomes null and void. This is from a Quranic perspective.
Even sex is based on consent then why marriage?
What type of BS do some of these so called scholars even spew! What about what the Quran says? The Quran clearly states how the marriage should be dissolved in either case. There is nothing about a wife having to negotiate her way out of the marriage. It simply states that men are not to take anything back from the wife and if the wife would want to return/ pay anything she may and there is no sin upon the man. Not that she has to. How can a Hadith top the Quran? But there is another Hadith which is about a man who married a slave and freed her but she didn’t want to be with that man after she was free… the Prophet PBUH didn’t have her give up her freedom. So why choose this one Hadith that was clearly for a specific scenario and make it a part of khula. Wake up women! These “scholars” are just making fools of you. They are all a sham, except for a very few who will actually go by the Quran, the true words of Allah.
If she lies for seeking khula on fake ground what will the qazi do?, Do you have any law for this thing? absolutely not. I have not seen any women to be punished lawfully for making this sort of crime. Women are looting their husbands and then making high fines and (Nan Nafqa) from courts in the name of children up bringing by this khula law.
HAVE FEAR WOMAN YOU GOING TO FACE ALLAH ON THE DSY OF JUDGRMENT .
@@faridaaali6170 What?? Im facing same problem. Dont act as if women are always oppressed.
No women does divorce with happiness. ..obviously their will some mistake from mens side which is unbaerble
Where is their a khula in quraan. In quraan it says clothe and feed your wife when she is breast feeding!!! In quraan there is even direction to strike a arrogant wife after due warning. Please address quraan and then hadith!!! The quraan comes first.
So? What's your point lol