Q&A: What is Khula' and Its Procedure? | Dr. Mufti Abdur-Rahman ibn Yusuf

Question: Please explain what is khula and the process?

[KHANHUJAJ]

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.

[hifzalvi]

Masha Allah Mufti sb.
Shukaran wajazakallahu khair

[Sunii]

Wow that's harsh. Any husband that doesn't want to instantly divorce his wife is labeled oppressive and unreasonable? SubhanAllah.

[aleenaashraf]

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.

[KHANHUJAJ]

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.

[dailyvlog]

How long khula idda plz clarify according to Quran and sunnah

[Sehar]

Do u have any vdio on dividing money after divorce according to islam

[meencantaislam]

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.

[fatimashah]

Can she give khula when no one is there as an mediator?

[GlobalBizTelevision]

can a woman supervise the khula session/ discussion?

[AtharAfzal]

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?

[affshasultan]

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

[nkymmaba]

Please confirm, if somebody did sharia nikkah and its not written or neither documented so when they wanna be apart how to take khula

[oc]

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.

[YoursPakistani]

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?

[shaheenkhan]

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

[bajaboardukesk]

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

[infinitewisdom]

Interesting. So if the love 'temporarily' dies, the marriage dies!

[munazarin]

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

[aysh]

Angry husband an appropriate phrase!! JazakAllah khair for a clear and crisp explanation