With due respect I want to ask you that one of my friend (female) got married in May 2008 and still have no sexual relation with husband as both of them do not like each other. They sleep on the same bed but no sexual relation has been established till now. Both are biologically fit for reproduction. My friend does not want to make relation at all with her husband and her husband’s intention is also likewise but more from girl side. And she wants to take Khula but her husband is not giving her Khula neither her family supports her. Is there nikah valid as there has been no sexual relation between them since 3 and half years? And what can she do to take khula, as no one is supporting her she is all alone. Kindly answer me as soon as possible.
Answer:
(Fatwa: 2025/B=390-TB=1432)
The Nikah is intact. If husband and wife do not like each other they should get separated. Husband should give talaq to his wife. If the husband does not want to give her talaq then he should do khula, i.e. he should give talaq in return of mahr. One should not keep one’s wife hanged so that she could not do nikah somewhere else. It is severe sin and it was prohibited in the holy Quran.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband