4,636
edits
Khula: Difference between revisions
no edit summary
| [checked revision] | [checked revision] |
No edit summary |
No edit summary |
||
| Line 9: | Line 9: | ||
*If he accepts the money offered, the dissolution of the marriage may proceed. But if he rejects the money on offer, then she must stay with him, and no traditional shari'ah court could compel him to divorce her. | *If he accepts the money offered, the dissolution of the marriage may proceed. But if he rejects the money on offer, then she must stay with him, and no traditional shari'ah court could compel him to divorce her. | ||
*Even if the husband is abusive, and he beats her brutally (even with bruises on her body), she still cannot get the marriage dissolved through Khul' according to the traditional rulings of shari'ah if the husband does not consent. | *Even if the husband is abusive, and he beats her brutally (even with bruises on her body), she still cannot get the marriage dissolved through Khul' according to the traditional rulings of shari'ah if the husband does not consent. | ||
*Only in the case that her husband causes grievous injury such as breaking her bones, does | *Only in the case that her husband causes grievous injury such as breaking her bones, does the woman get the right to go to the court in order to forcefully dissolve the marr<nowiki/>iage. Yet she still has to pay the money to her husband, even in the case that he broke her bones. | ||
Moreover, Khul' is often mixed up with the 'Faskh' (فسخ) of Nikah (i.e. dissolution of marriage), although both of them are two different things. | Moreover, Khul' is often mixed up with the 'Faskh' (فسخ) of Nikah (i.e. dissolution of marriage), although both of them are two different things. | ||
| Line 23: | Line 23: | ||
A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them '''if she gives something for her freedom ( Arabic word:افْتَدَتْ which means Ransom money)'''.}} | A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them '''if she gives something for her freedom ( Arabic word:افْتَدَتْ which means Ransom money)'''.}} | ||
== | ==Even if the Husband Beats Her Leaving Bruises, the Wife Still Has No Right to a Forced Dissolution of the Marriage== | ||
According to this tradition of the prophet, even a brutal beating (even with bruises) is not enough to dissolve a marriage through Khul' or in any other way through any Islamic court: | According to this tradition of the prophet, even a brutal beating (even with bruises) is not enough to dissolve a marriage through Khul' or in any other way through any Islamic court: | ||
{{Quote|{{Bukhari||77|42|in-book}}|Rifa`a divorced his wife whereupon `AbdurRahman married her. `Aisha said that the lady (came), wearing a green veil, and complained to her (Aisha) of her husband '''and showed her a green spot on her skin caused by beating.''' It was the habit of ladies to support each other, so when Allah's Messenger came, `Aisha said, '''"I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"''' | {{Quote|{{Bukhari||77|42|in-book}}|Rifa`a divorced his wife whereupon `AbdurRahman married her. `Aisha said that the lady (came), wearing a green veil, and complained to her (Aisha) of her husband '''and showed her a green spot on her skin caused by beating.''' It was the habit of ladies to support each other, so when Allah's Messenger came, `Aisha said, '''"I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"''' | ||
| Line 45: | Line 45: | ||
#Muhammad also didn’t give the right to the woman to leave her husband through Khul’ after such a beating. | #Muhammad also didn’t give the right to the woman to leave her husband through Khul’ after such a beating. | ||
==Even if husband breaks any | ==Even if husband breaks any of the wife's bones, she still must pay the ransom money for the Khul'== | ||
{{Quote|{{Bukhari||13|54|in-book}}|Narrated Aisha, Ummul Mu'minin: | {{Quote|{{Bukhari||13|54|in-book}}|Narrated Aisha, Ummul Mu'minin: | ||
Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas. '''He beat her and broke some of her part'''. So she came to the Prophet after morning, and complained to him against her husband. The Prophet called on Thabit ibn Qays and said (to him): '''Take a part of her property and separate yourself from her'''. He asked: Is that right, Messenger of Allah? He said: Yes. He said: '''I have given her two gardens of mine as a dower''', and they are already in her possession. The Prophet said: '''Take them (as the ransom money) and separate yourself from her'''. | Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas. '''He beat her and broke some of her part'''. So she came to the Prophet after morning, and complained to him against her husband. The Prophet called on Thabit ibn Qays and said (to him): '''Take a part of her property and separate yourself from her'''. He asked: Is that right, Messenger of Allah? He said: Yes. He said: '''I have given her two gardens of mine as a dower''', and they are already in her possession. The Prophet said: '''Take them (as the ransom money) and separate yourself from her'''. | ||
| Line 53: | Line 53: | ||
It should be noted here that she cannot get the right to have a divorce automatically, even if he beats her so brutally that any of her bones break, and she still has to pay the ransom money to get rid of such abusive husband. As compared to Islamic law, under modern law in secular countries, women not only get the right to have divorce automatically from such an abusive husband, '''but she will also usually be granted compensation money from the husband by the court, and the husband will usually face some type of criminal charge for any physical harm inflicted upon her.''' | It should be noted here that she cannot get the right to have a divorce automatically, even if he beats her so brutally that any of her bones break, and she still has to pay the ransom money to get rid of such abusive husband. As compared to Islamic law, under modern law in secular countries, women not only get the right to have divorce automatically from such an abusive husband, '''but she will also usually be granted compensation money from the husband by the court, and the husband will usually face some type of criminal charge for any physical harm inflicted upon her.''' | ||
==A woman | ==A woman cannot get her marriage dissolved through Khul’ even if the man is infertile:== | ||
All 4 Sunni schools of Sunni [[fiqh]] agree that the wife cannot be granted a divorce on the grounds that her husband is infertile. | All 4 Sunni schools of Sunni [[fiqh]] agree that the wife cannot be granted a divorce on the grounds that her husband is infertile. | ||
| Line 71: | Line 71: | ||
As compared to the woman, if a husband divorces his wife while he dislikes her or without any harm, then he will not become a hypocrite, and he will not get a problem in entering the paradise for this same action. | As compared to the woman, if a husband divorces his wife while he dislikes her or without any harm, then he will not become a hypocrite, and he will not get a problem in entering the paradise for this same action. | ||
==Faskh فسخ (i.e. dissolution of marriage), and unilateral burden on women in Islamic | ==Faskh فسخ (i.e. dissolution of marriage), and unilateral burden on women in Islamic law:== | ||
In 'Faskh' (i.e. dissolution or annulment of marriage): | In 'Faskh' (i.e. dissolution or annulment of marriage): | ||