Dear Scholar, Assalam-u-Alaykum,
My wife has filed for divorce in English civil court and also submitted an application for khula in the British Sharia Council (BSC). I am a doctor and have maintained her well and fulfilled her marital needs. Her demands are that I should buy her a house near her parents, give her permission to do job of her own choice, as a result I should leave my medical job in the present city and find any sort of employment to please her. She has left home without my permission (our matrimonial house) and its been 14 months to our separation. There is a child involved and she does not allow me visitation. I am a Pakistani citizen and my wife & child are dual nationals with Pakistani and British citizenships. My queries are:
1- The BSC says that they don’t have power to send her back to my home, therefore they will have no choice but to annul the nikah contract. Is this correct? When there is no valid reason for khula then how can they terminate the marriage contract? Who gives them the right to do so?
2- All reconciliation efforts have failed and she is adamant to seek khula. Therefore, I said to BSC that I am not forcing her to stay in the relationship if she is not willing to return home. However if she wants khula then she should accept my conditions. My conditions are:
· Written legal agreement of visitation rights until age seven between and .
· Written legal agreement for child custody transfer from mother to father after age seven.
· Written legal agreement to accept shara’ee rulings on child maintenance and not through civil English court
· Return of Mahar and Jewellery
· Payment of 40, 000 pound. (Because she is asking for this amount as divorce settlement in the English civil court). My argument is that she has no Islamic right to take my money.
3- The BSC is saying that they can ask her to return the Mahar and Jewellery but they cannot help in enforcing her to accept other conditions. Because they have no power over child custody and money matters. Without having all my conditions fulfilled I am not willing to release her. Can the BSC still annul the nikah contract without fulfilling all my conditions?
My wife is using British Sharia Council just to get khula but does NOT want to accept sharia rulings on child custody matters and other issues. Shouldn’t the BSC reject her application on these grounds unless she accepts all sharia rulings?
I look forward to your reply. Jazak’Allah Khair.
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
If you have been fulfilling your marital obligations (maintenance, shelter and clothing) towards your wife, then no one can annul your Nikah. If BSC (British Sharia Council) proceeds with the annulment of your Nikah, in spite of your wife not having Shair grounds for an annulment, then the annulment will be invalid. Your wife will remain in you Nikah. You have a right to stipulate your conditions of Khula. Your claim of 40,000 pounds is understandable. Alternatively propose to drop the claim if she drops the claim against you in her civil divorce application.
If you have incurred any other costs in defending the civil divorce applications, you can include that amount also in the Khula as her claim for divorce against you is un-Islamic and Zulm on you.
You should seek the assistance and guidance of Hazrat Mufti Ismail Kacholwi Saheb (Madda Zillahu) of Darul Ifta wal Irshad of Bradford. He is one of the foremost senior Muftis of England and highly respected for his knowledge and piety.
And Allah knows best
Wassalam
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah