A Muslim woman in America wanted to separate from her husband, so she went to the mosque imam. The imam came with his men and they took him out of the house and told him
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The Shaykh: Regarding the questions you have, may you have the best of them.
The questioner: Okay, the issue of intoxicants is finished. Then regarding the ruling on khul', one of the brothers wants to... I mean the mosque. I say... in other words, the man hit his wife, so she called the police. The police said we cannot take him out of his house; this is his house. So she called the mosque imam. The imam came with his men and took him from the house by force. He said, "I do not want to divorce my wife," but they said, "You must give her khul'. Do you want khul'?" They said to him, "Then divorce her. We see that you will divorce her now." The man was almost crying; he wants his wife, but his wife says, "I do not want him." Both of them are Americans.
The Shaykh : Yes.
The questioner: The husband and wife are Americans.
The Shaykh: Yes.
The questioner: He asked me, "What should I do?" They told him it is better to divorce her because she does not want to... perhaps in this period she will reconsider and return.
The Shaykh: Okay, why divorce and not khul'?
The questioner: He loves her very much.
The Shaykh: No, my brother, I am asking why this mosque imam asks him to divorce and does not ask him to give khul'.
The questioner: According to what the mosque imam said, he said it is better to divorce her so that she may reconsider her opinion, and then you can remarry her.
The Shaykh: This is clear. The man is an imam from these imams who do not have fiqh.
The questioner : Yes, Shaykh.
The Shaykh: Because if he wants her to return, as you reported from him, khul' is closer to this reasoning than divorce. Because if he divorces her and her waiting period ends, he cannot return to her. But if he gives her khul', he can take her back whenever he wishes, because khul' is not a divorce.
The questioner: Yes, of course, the completion of the waiting period is necessary after khul'.
The Shaykh: The completion of the waiting period for what? He can take her back even after hours of that day. That divorce, may Allah reward you, is the one that requires a waiting period.
The questioner: But khul' does not require it.
The Shaykh: Yes.
The questioner: Okay, the issue of intoxicants is finished. Then regarding the ruling on khul', one of the brothers wants to... I mean the mosque. I say... in other words, the man hit his wife, so she called the police. The police said we cannot take him out of his house; this is his house. So she called the mosque imam. The imam came with his men and took him from the house by force. He said, "I do not want to divorce my wife," but they said, "You must give her khul'. Do you want khul'?" They said to him, "Then divorce her. We see that you will divorce her now." The man was almost crying; he wants his wife, but his wife says, "I do not want him." Both of them are Americans.
The Shaykh : Yes.
The questioner: The husband and wife are Americans.
The Shaykh: Yes.
The questioner: He asked me, "What should I do?" They told him it is better to divorce her because she does not want to... perhaps in this period she will reconsider and return.
The Shaykh: Okay, why divorce and not khul'?
The questioner: He loves her very much.
The Shaykh: No, my brother, I am asking why this mosque imam asks him to divorce and does not ask him to give khul'.
The questioner: According to what the mosque imam said, he said it is better to divorce her so that she may reconsider her opinion, and then you can remarry her.
The Shaykh: This is clear. The man is an imam from these imams who do not have fiqh.
The questioner : Yes, Shaykh.
The Shaykh: Because if he wants her to return, as you reported from him, khul' is closer to this reasoning than divorce. Because if he divorces her and her waiting period ends, he cannot return to her. But if he gives her khul', he can take her back whenever he wishes, because khul' is not a divorce.
The questioner: Yes, of course, the completion of the waiting period is necessary after khul'.
The Shaykh: The completion of the waiting period for what? He can take her back even after hours of that day. That divorce, may Allah reward you, is the one that requires a waiting period.
The questioner: But khul' does not require it.
The Shaykh: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.