Assalaam-o-alaikum, This question relates to my sister’s situation.My sister’s husband and her inlaws have been demanding money regularly (dowry) and their hunger for money has only increased. My sister’s husband now claims that my sister sms’d him (he was overseas)asking for a khula and he granted to her via sms. This is utterly baseless and untrue.They are using this ploy only to use the loopholes of khula to escape his responsibilities with regards to financial compensation if he was to give talaq.My sister has 3 year old kid from this marriage. Her husband has used “khula through sms” and since remarried. Does Islam allow Khula by sms ? what are the options we have , how do we teach him a lesson so that no one in future would play around with Islam like he has ? Thanks, Jazak Allah khair
Answer
(Fatwa: 2120/1703=B/1429)
In this democratic (secular) government, you have no option to teach him a lesson. You can take the matter to the court but it will take long time and none knows what decision will come. Legal khula is through the consent of the two parties and the demand of khula is made by the wife. You should present documental proof if you have it. It is better for you to take this matter to any Sharai Panchayat or Darul Qaza. The fact will be known when the statements of the two parties along with witnesses and counter-questions will be taken.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband