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Home / Islamic Shariah / Morals and Advocacy

The rights of a husband at the time of Al Khul` (divorcing one's wife in return of money (which she pays))

Sheikh Khalid `Abdul-Mun`im Ar-Rifa`y

Published On: 26/8/2015 A.D. - 11/11/1436 H.   Visited: 9047 times     


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Question

 

 

As-Salamu `Alaykum Warahmatullahi Wabarakatuh (May Allah's Peace, Mercy, and Blessings be upon you!)


I have been married one year ago and I have a child, but I had a fight with my wife and now she is staying with her family. She does not want to come back and she asked for divorce kindly, i.e., to take the items in her marriage list and one third of the deferred dower, but I want to bring her back.


What do you think? What is her right? What is my right?

Answer

 

Praise be to Allah, and peace be upon the Messenger of Allah, his family, Companions, and those who follow him righteously.

 

In the beginning, I advise you not to hasten in divorce, observe patience on your wife, and bring righteous and reasonable to mediate, see the faults which your wife counts against you, and look into the reasons of your wife's insistence on divorce perhaps the solution is in your hand.

 

Let them remind her that Allah (Glory be to Him) prohibited women to ask for divorce without proper reasons. Look at the points of negligence and defaults to fix them perhaps things will be good and she changes her mind regarding divorce. If you reach a dead end and she insists on divorce, you may agree and take back your dower or part of it as Allah (Glory be to Him) says: "And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal-money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allâh (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allâh, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al Khul` (divorce)." [Surat Al Baqarah: 229].

 

Ibn Qudamah said in Ash-Sharh Al Kabir: If a woman hates her husband for his (bad) manners, his (ugly) facial features, (weak) faith, haughtiness, weakness or something else, and she fears not to fulfill the right of Allah regarding obeying him, she may ask for divorce for some money because of Allah's Saying: "Then if you fear that they would not be able to keep the limits ordained by Allâh, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al Khul` (divorce)." [Surat Al Baqarah: 229].

 

May Allah guide Muslims to work according to the Book of Allah and the Sunnah of His Prophet.

 



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