My sister who got married 13 years back and she has one son 12 years and one daughter 11 years old. From the day she got married she is not happy with her husband. No bonding between their relationships. When he got married he didn’t had proper job. So my dad decided to keep them in our home and we built one separate floor for their family to live. Days passed, my dad joined him in government job. They were happy for few months. They lived separately in rented house thrice but weren’t happy. But still he started torturing her that he wants to live in a separate house and I want to take care of my mother and all that. Her mother does not want his son to be with her because she did not come to her son’s marriage itself. This problem happened before marriage. Now the situation became very worse that my sister planned for “khula”. So many times we dealt to bond them. It has been a year they are living separately; she is in our home and also her children. Please guide us to join them.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 94/84/H=01/1435)

It is not right in any way to proceed for khula at a time when you have two children and that too attaining their puberty. You should read relevant topics from the books like Bahishti Zewar and other authentic books and it should also be read out at home. In-shaAllah, it shall guide the spouses to settle their family affairs in good way and to live in good conduct. If you involve two or three relatives who are influential and you make your bahnoi and sister ready to live together then it shall be far better. Otherwise, in talaq usually the matter of children becomes very critical and also the life of husband and wife become miserable. It is also not easy to do second marriage.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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