Home » Hanafi Fiqh » Askimam.org » A marriage contract or an engagement

A marriage contract or an engagement

Answered as per Hanafi Fiqh by Askimam.org

I have a serious issue regarding my marriage. I will really appreciate your quick response and helping me in guidance with this issue.

I was bonded in nikah over 4 years ago with someone abroad but haven’t lived with him yet due to visa processing. In these whole 4 years I tried a lot to make understanding with him, but failed at every attempt and my dislike for him has grown so much now that I can’t and won’t even let him come close to me. 

There are no apparent flaws in his character, but i fear my dislike for him will make me act unjustly with him and not be able to fulfill the responsibilities of a wife. Now I want to seek Khula. I came across Surah Baqarah 2:229 which talks about Divorce and Khula.

… unless both fear that they they would not be able to keep the limits ordained by Allâh, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al Khul ( divorce). The Noble Qur’an – 2:229

And this Hadith from Sahih Al-Bukhari Volume 7, Book 63, Number 199: Narrated Ibn ‘Abbas:
The wife of Thabit bin Qais bin Shammas came to the Prophet and said, “O Allah’s Apostle! I do not blame Thabit for any defects in his character or his religion, but I cannot endure to live with him and I am afraid that I (being a Muslim) may become unthankful (or behave in an unIslamic manner) for Allah’s Blessings.” On that, Allah’s Apostle said (to her), ‘Will you return his garden to him?” She said, “Yes.” So she returned his garden to him and the Prophet told him to divorce her.

I want to know does this Surah and/or Hadith applies to my situation and can I lawfully free myself before ruksati from this marriage? which has become a severe mental torture for me even though i have not yet lived with him and can’t even bear to imagine living with him.

Please reply as soon as possible, my marriage ceremony is only a few weeks away.

Answer

 In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa rahmatullāhi wa barakātuh.

You mention “I was bonded in nikah over 4 years ago” and “my marriage ceremony is only a few weeks away.”

In order for us to advise you, please clarify what you mean by “bonded in nikah.” Was this the actual marriage contract or only a promise to marry (engagement)?

You may send your answer to: admin@daruliftaa.net or  313daruliftaa@gmail.com

And Allah Ta‘ālā Knows Best

Zameelur Rahman

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

Read answers with similar topics: