On what conditions can wife take khula divorce.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

My question is if a women does not want to live with her husband and wants a divorce can she does that and will it be acceptable in the eye of Allah Subhanahutala (please consider the situation that they were married for 20 yrs and in that time her husband did not love her or care for her emotionally and even respected her most of the time and now she feels that she cant live with him any more)please can u let me know as soon as possible that what is islamic view in this matter. 

 

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Answer:

 

On what conditions can wife take khula divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Sunan of Abu-Dawood Hadith 2173 Narrated by Abdullah ibn Umar

The Prophet (saws) said: Of all the lawful acts the most detestable to Allah is divorce.

 

Sunan of Abu-Dawood Hadith 2172 Narrated by Muharib

The Prophet (saws) said: Allah did not make anything lawful more abominable to Him than divorce.

 

As detestable and disliked divorce is in the Sight of Allah Subhanah, if a husband does not fulfill his due rights to his wife, or oppresses her wife without right, or the wife fears that she might not be able to live with her husband within the limits prescribed by Allah Subhanah, etc.the wife in Islam is well within her rights to seek permanent separation from her husband through the institution of divorce.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229 (part):

..If ye do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom (divorce). These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

 

If the wife initiates a divorce for a strong and genuine reason/s, she would be blameless for the divorce taking place in the Sight of Allah Subhanah; but if a wife initiates a divorce for frivolous reason, indeed she will be held to severe account for breaking the sacred institution of marriage in the Court of Allah Subhanah.

 

Sunan of Abu-Dawood Hadith 2218 Narrated by Thawban

The Prophet (saws) said: If any woman asks her husband for divorce without some strong reason, (even) the odour of Paradise will be forbidden to her!

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan