A woman obtained a divorce by court order, and her husband is not satisfied
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A man married a woman, and then after a few days she asked him for a divorce, while he desires that she remain in his protection,So he said to her after consummation: If you wish, I will divorce you with compensation.
So she took her case to the judiciary—the constitutional courts in Kuwait—and she obtained a divorce, while he desires that she remain with him. Does this divorce take effect?
This woman who asked her husband for khul' (divorce at the wife's request for compensation),And the meaning of khul' (divorce at the wife's request for compensation) is: that the husband separates from his wife in exchange for compensation, whether the compensation comes from her, or from her father, or from a foreign man.
And we say: First: It is not permissible for a woman to ask her husband for a divorce except for a legitimate religious reason;Because the Prophet (peace and blessings be upon him) said: (Whoever asks her husband for a divorce without a valid reason, the fragrance of Paradise is forbidden to her). However, if there is a legitimate religious reason, such as she dislikes him in his religion, or dislikes him in his character, or she cannot live with him even if his character and religion are upright, then there is no blame on her in asking for a divorce. But in this case, she should seek khul' (divorce at the wife's request for compensation) from him, by returning to him what he gave her, and then her marriage is annulled.
And the evidence for that is: (A woman of Thabit ibn Qays ibn Shammās (may Allah be pleased with him) came to the Prophet (peace and blessings be upon him) and said: O Messenger of Allah! I find no fault with Thabit ibn Qays in his character or his religion, but I dislike disbelief in Islam.
So the Prophet (peace and blessings be upon him) said to her: Will you return your garden to him? He had given her a garden as her bridal gift.
So she said: Yes.
O Messenger of Allah! Then the Prophet (peace and blessings be upon him) said to him: Accept the garden and divorce her with one divorce.) So the scholars derived from this case that if a woman cannot remain with her husband, then the one in authority may ask him for khul' (divorce at the wife's request for compensation), and indeed may order him to do so,Some scholars said: he is obligated to grant the khul' (divorce at the wife's request for compensation); because in this case there is no harm to him; since he will receive what he had given her as bridal gift, and he will be relieved of her.
As for most of the scholars, they say: It is not obligatory for him to grant the khul' (divorce at the wife's request for compensation), but it is recommended for him and he is encouraged to do so,And he is told: (Whoever leaves something for the sake of Allah, Allah will replace it with something better for him).
And I see that we are now facing a problem: Her remaining in his protection prevents her from marrying another husband, and apparently, according to the court's ruling, she has been divorced from him, and that when her waiting period ends, she is permissible for other husbands. So I see that to get out of this problem, it is necessary for the people of good and righteousness to intervene in this matter, in order to reconcile the husband and wife. Otherwise, she must give him compensation, so that it becomes a legitimate khul' (divorce at the wife's request for compensation).
A man married a woman, and then after a few days she asked him for a divorce, while he desires that she remain in his protection,So he said to her after consummation: If you wish, I will divorce you with compensation.
So she took her case to the judiciary—the constitutional courts in Kuwait—and she obtained a divorce, while he desires that she remain with him. Does this divorce take effect?
This woman who asked her husband for khul' (divorce at the wife's request for compensation),And the meaning of khul' (divorce at the wife's request for compensation) is: that the husband separates from his wife in exchange for compensation, whether the compensation comes from her, or from her father, or from a foreign man.
And we say: First: It is not permissible for a woman to ask her husband for a divorce except for a legitimate religious reason;Because the Prophet (peace and blessings be upon him) said: (Whoever asks her husband for a divorce without a valid reason, the fragrance of Paradise is forbidden to her). However, if there is a legitimate religious reason, such as she dislikes him in his religion, or dislikes him in his character, or she cannot live with him even if his character and religion are upright, then there is no blame on her in asking for a divorce. But in this case, she should seek khul' (divorce at the wife's request for compensation) from him, by returning to him what he gave her, and then her marriage is annulled.
And the evidence for that is: (A woman of Thabit ibn Qays ibn Shammās (may Allah be pleased with him) came to the Prophet (peace and blessings be upon him) and said: O Messenger of Allah! I find no fault with Thabit ibn Qays in his character or his religion, but I dislike disbelief in Islam.
So the Prophet (peace and blessings be upon him) said to her: Will you return your garden to him? He had given her a garden as her bridal gift.
So she said: Yes.
O Messenger of Allah! Then the Prophet (peace and blessings be upon him) said to him: Accept the garden and divorce her with one divorce.) So the scholars derived from this case that if a woman cannot remain with her husband, then the one in authority may ask him for khul' (divorce at the wife's request for compensation), and indeed may order him to do so,Some scholars said: he is obligated to grant the khul' (divorce at the wife's request for compensation); because in this case there is no harm to him; since he will receive what he had given her as bridal gift, and he will be relieved of her.
As for most of the scholars, they say: It is not obligatory for him to grant the khul' (divorce at the wife's request for compensation), but it is recommended for him and he is encouraged to do so,And he is told: (Whoever leaves something for the sake of Allah, Allah will replace it with something better for him).
And I see that we are now facing a problem: Her remaining in his protection prevents her from marrying another husband, and apparently, according to the court's ruling, she has been divorced from him, and that when her waiting period ends, she is permissible for other husbands. So I see that to get out of this problem, it is necessary for the people of good and righteousness to intervene in this matter, in order to reconcile the husband and wife. Otherwise, she must give him compensation, so that it becomes a legitimate khul' (divorce at the wife's request for compensation).