What is the ruling on a wife requesting khul' (divorce at the wife's request for compensation) from her husband a few days after the wedding without a valid Islamic reason, when she has taken her case to the courts in Kuwait and they have finalized the khul' without compensation, while he wishes her to remain with him?
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The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
A man married a woman, and then after a few days she asked him for a divorce, while he desires that she remain under his protection.
The Shaykh : Before or after consummation?
The questioner : After consummation. So he said: If you wish, I will grant you a khul' (divorce at the wife's request for compensation). She then took her case to the judiciary, meaning the constitutional courts in Kuwait, and she obtained a divorce. He desires that she remain with him. Does this divorce take effect?
The Shaykh : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions.
This woman asked her husband for khul' (divorce at the wife's request for compensation). Khul' means that the husband separates from his wife in exchange for compensation. This is khul', whether the compensation comes from her, from her father, or from a stranger.
We say: First, it is not permissible for a woman to ask her husband for a divorce, because the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2055Sahih (Darussalam). However, if there is a valid Islamic reason, such as hating him in his religion, or hating him in his character, or being unable to live with him even if his character and religion are upright, then there is no blame on her for asking for a divorce. But in this case, she should seek a 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.
The evidence for this is:. The scholars derived from this case that if a woman cannot remain with her husband, the one in authority may ask him to grant her a khul' (divorce at the wife's request for compensation), or even order him to do so. Some scholars even said: He is obligated to grant the khul', because in this case there is no harm to him, as he will receive back the mahr (bridal gift) he gave her, and he will be relieved of her.
However, most scholars say: He is not obligated to grant the khul' (divorce at the wife's request for compensation), but it is recommended (mandub) and encouraged. It is said to him:.
The questioner : Does the divorce actually take effect?
The Shaykh : Based on the opinion of those who hold that, the questioner asks: Does this divorce that occurred from the court take effect, or does this divorce issued by the court take effect? We say: According to the opinion of those who hold that the husband is obligated to grant a khul' (divorce at the wife's request for compensation) if the wife cannot remain with him, it takes effect.
The questioner : She did not seek a khul' (divorce at the wife's request for compensation), O Shaykh. The court issued the divorce.
The Shaykh : Without compensation?
The questioner : Yes.
The Shaykh : Yes, this is not permissible. That is, it is not permissible for a woman to ask the court to ask for separation from her husband without compensation.
The questioner : Does she remain under his protection now?
The Shaykh : I see that intervention is necessary, because now there is a problem: her remaining under 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 'iddah (waiting period after divorce or widowhood) ends, she is permissible for other husbands. I see that it is necessary for people of good and righteousness to intervene in this matter in order to reconcile the husband and wife, by her giving him compensation, so that it becomes a 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 under his protection.
The Shaykh : Before or after consummation?
The questioner : After consummation. So he said: If you wish, I will grant you a khul' (divorce at the wife's request for compensation). She then took her case to the judiciary, meaning the constitutional courts in Kuwait, and she obtained a divorce. He desires that she remain with him. Does this divorce take effect?
The Shaykh : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions.
This woman asked her husband for khul' (divorce at the wife's request for compensation). Khul' means that the husband separates from his wife in exchange for compensation. This is khul', whether the compensation comes from her, from her father, or from a stranger.
We say: First, it is not permissible for a woman to ask her husband for a divorce, because the Prophet (peace and blessings be upon him) said:
Any woman who asks her husband for a divorce when it is not absolutely necessary, the fragrance of Paradise will be forbidden to her.
من سألت زوجها الطلاق من غير ما بأس فحرام عليها رائحة الجنةThe evidence for this is:
A woman of Thabit ibn Qays ibn Shamma (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 hate disbelief in Islam. The Prophet (peace and blessings be upon him) said to her: Will you return his garden to him? He had given her a garden as her mahr (bridal gift). She said: Yes, O Messenger of Allah! So the Prophet (peace and blessings be upon him) said to him: Accept the garden and divorce her with one divorce.
أن امرأة ثابت بن قيس بن شماس رضي الله عنه أتت النبي صلى الله عليه وسلم فقالت: يا رسول الله! ثابت بن قيس لا أعيب عليه في خلق ولا دين، ولكني أكره الكفر في الإسلام، فقال لها النبي صلى الله عليه وسلم: أتردين حديقته؟ وكان قد أصدقها حديقة. قالت: نعم يا رسول الله! فقال له النبي صلى الله عليه وعلى آله وسلم: اقبل الحديقة وطلقها تطليقةHowever, most scholars say: He is not obligated to grant the khul' (divorce at the wife's request for compensation), but it is recommended (mandub) and encouraged. It is said to him:
Whoever leaves something for the sake of Allah, Allah will replace it with something better for him.
من ترك شيئاً لله عوضه الله خيراً منهThe questioner : Does the divorce actually take effect?
The Shaykh : Based on the opinion of those who hold that, the questioner asks: Does this divorce that occurred from the court take effect, or does this divorce issued by the court take effect? We say: According to the opinion of those who hold that the husband is obligated to grant a khul' (divorce at the wife's request for compensation) if the wife cannot remain with him, it takes effect.
The questioner : She did not seek a khul' (divorce at the wife's request for compensation), O Shaykh. The court issued the divorce.
The Shaykh : Without compensation?
The questioner : Yes.
The Shaykh : Yes, this is not permissible. That is, it is not permissible for a woman to ask the court to ask for separation from her husband without compensation.
The questioner : Does she remain under his protection now?
The Shaykh : I see that intervention is necessary, because now there is a problem: her remaining under 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 'iddah (waiting period after divorce or widowhood) ends, she is permissible for other husbands. I see that it is necessary for people of good and righteousness to intervene in this matter in order to reconcile the husband and wife, by her giving him compensation, so that it becomes a khul' (divorce at the wife's request for compensation).