A man and his wife living in 1BHK flat with the man’s mother. The woman enjoys a separate bedroom and privacy. Yet she demands that man buys a separate house for her. The man promises that he would buy a house but says it will take a long time to save that amount of money required. The woman asks her husband for Khula saying she cannot wait for a long time for a house of her own. She leaves her husband & child and goes to live with her parents. She is adamant that her husband buys her a house or give her khula. They have been living separately for 1 year now and do not have any more children. (1) Does she have the right to ask for khula under such circumstances? (2) Is she entitled for iddah amount or maintenance amount for a period of 4 months with the khula and also retains her mahr amount? (3) Can she give over the custody of child to her husband, if this be the wish/demand of her husband? (4) Is a Khula on above reason, terms and condition valid and in conjunction with Shariah and Quran?

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 1555/1231/B=11/1434)

(1) It is the ignorance and folly of the wife. A wife should obey her husband and should stay where he keeps her. It is her injustice to demand for separate house.
(2) She has no right to demand khula in this case.
(3) If she left without your permission and you gave talaq then she shall not be entitled to receive the iddah expenses. Iddah is three haiz (menstruation cycle), it is not four months. However, mahr also shall be wajib after talaq in each case.
(4) If she is a girl then she shall remain in the custody of her mother up to 9 years of her age and if it is a boy then he shall be in the custody of mother up to 7 years of his age. After that the father can take them in his custody. The father shall be responsible for their expenses.
(5) If she sought khula in this case and you granted it then it shall take place and the woman shall become divorced. But she shall be sinful for her unlawful demand.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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