سورة البقرة 2:229 |
A translation of this fatwa from Naseem
al-Sham
The Requisites of Separation by Khulʿ
Question:
If a wife wants to separate, what are her rights in the Revealed Law?
Answer (Sheikh Rushdī Salīm al-Qalam):
Praise be to Allah and He suffices, and peace be upon His Chosen
Messenger,
To proceed,
Just as Allah has given men the right of divorce, He has given women the
right of mukhālaʿah[1],
and thus there is no blame upon either of them regarding what she pays him. The
foundation of the matter is that she owns her bridal gift[2]
entirely and if she wants mukhālaʿah she offers something to her husband. It is
recommended that the amount not exceed what she took from him.[3]
As for asking for khulʿ without a legal[4]
or health reason, this is not something that is desired in Allah’s Revealed
Law, Mighty and Majestic is He.
A translation of this fatwa from Naseem al-Sham
Wife Asks For Divorce And Differences Over The Amount Paid For Khulʿ
Question:
Assalām ʿalaykum wa Raḥmatullahi wa Barkātuh. My question is
that I want a fatwā regarding a
situation in in which the wife has asked for a divorce and they have been
married for a year and a half. They don’t have any children. The husband wants
to take the gold even though he knows that she wore the gold when they got
engaged and not when they got married. When they got married, she wore a
necklace. He said that if we don’t give him the gold he won’t divorce her. Please
clarify this for us. Thank you and may Allah reward you a thousand times over.
Answer
(Dr Muḥammad Tawfīq Ramaḍān):
It’s unlawful for a wife to ask for a divorce[5]
without a legal reason.[6]
If she wants, she can ask for mukhālaʿah, and mukhālaʿah is a contract or
agreement to separate in exchange for an agreed-upon amount, and this amount is
for the husband and wife to discuss. If the husband divorces her of his own
initiative then she keeps her entire bridal gift[7]
and whatever else he gave her, before or after the contract, because what she
owns cannot be taken away from her.
[1] (tn): Also known as khulʿ, which
is a release from the marriage in exchange for a payment from the wife. For
English readers, further information can be found in Reliance of the
Traveller, section n.5, while Arabic readers can look at al-Fiqh al-Manhājī (Damascus, Dār al-Qalam, 1433/2012), v.2, p.
121-123.
[2] Ar. ṣadāq
[3] (tn): i.e. her bridal gift
[4] (tn): i.e. a legal reason in the
Revealed Law
[5] Ar. ṭalāq
[6] (tn): i.e. in the Revealed Law
[7] Ar. mahr, which is the same as ṣadāq
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