My brother and his wife were married 12-13 years ago and now my sister-in-law is asking for Khula reasons stating (1) he is not praying, is against Islam, not allowing the child to learn Quran, etc. The first reason is true and now on our persuasion is praying, all other reasons stated by her are wrong. Has she got the right to ask for khula? Some of the intermediates who are talking are saying that a woman has the right to ask for khula without stating the reason as per Quran is it true? Since they have a child who is a daughter of 8 years old incase they divorce who has right to have the daughter the mother or the father. Please briefly tell us the rules of Khula as my brother is not interested in giving away his daughter. On an earlier occasion she has asked for Khula and we managed to convince her, but now she i.e. very adamant. If you can reply on this immediately we would be thankful to Allah.
Answer
(Fatwa: 170/96/H=1433)
Those are wrong who say that a woman has the right to demand for khula without telling a reason. If she tells any reason and that is reasonable then too the better option is that some influential people come forth in the matter and convince the husband for good conduct by taking some reformative steps.
Also khula is not right without the consent of the husband. However if the fact is that the wife is not wrong rather the husband does not pay attention in paying her rights and in future there is no possibility of reconciliation and reformation and the husband is not ready for it then it is wajib for him that he gives one talaq to his wife so that after passing her iddah she can find a suitable match for her and pass her life with modesty and honour.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband
