As-salam-wa-alaikum, There is a Zaitum Bibi, he has been married a person 18 years ago. The person to whome she is married had already been married and he has one child with his first wife. He did not said about this marriage before and hide it with Zaitun Bibi. There is no issue to Zaitun bibi with her husband from 18 years. During his stay with her husband she tells that he is very curel and always use to beat her. During this period, Zaitun bibi’s mother fall ill due to cancer and she came to her mother’s home for 1 month. During his absence he married again and now he has 2 children from his new wife. Zaitun Bibi wants Khulla but he has refused to sign any papers and also not willing to give khulla he want to retain her in his life but zaitun bibi do not want to go to his home again. During her absence from his husband (now near about 5 years) he did not paid any nan-nifka to her. Zaitun bibi is ready giveup his Maher. Question is whether she can get Khulla even after refusing of his husband? if yes, what is the procedure to get Khulla if his husband is refussing to Khulla? (by Shariya & Indian Law?).
Answer:
(Fatwa: 1091/1022=B)
Zaitun will not deserve any maintenance if she did not go to her husband’s house for 5 years. Yes, she can ask for khula due to the tense situation. The method of khula is that wife declares that I can no longer live with you therefore give me relief. I leave my mahr (dower) in order to get talaq from you i.e. I shall not demand mahr (dower) if you give me talaq. Having got talaq from husband she will have to stay in iddah (waiting period), then she can do nikah with any other man. In these circumstances, the husband is asked to give talaq in return of mahr (dower) and not to let her in hanging position.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband