Is Khula Established if the Wife Lied To Attain It?

Answered by 

Shaykh Nazrul Islam

Answered by: Maulana Nazrul Islam

Question:

I got a khula back in 2016 as I wanted a divorce but my husband refused and when he got letters he never responded and I got granted a divorce.

To get a divorce I lied on the form now please tell me if my khula is correct or am I still in his nikah?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Khula is an agreement between the husband and the wife to end the marriage in lieu of some compensation paid by the wife.

الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَئِكَ هُمُ الظَّالِمُونَ

(Surah Al-Baqara: 229)

Divorce is twice; then either to retain in all fairness or to release nicely. It is not lawful for you to take back anything from what you have given them unless both apprehend that they would not be able to maintain the limits set by Allah. Now, if you apprehend that they would not maintain the limits set by Allah, then, there is no sin on them in what she gives up to secure her release. These are the limits set by Allah. Therefore, do not exceed them. Whosoever exceeds the limits set by Allah, then, those are the transgressors.

The husband must give Talaq to end the marriage as this is one of the conditions of Khula. (1)

As we can see that this condition was not met and there was no consent from your husband, so you are still in his marriage.

Only Allah knows best.

Written by Maulana Nazrul Islam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

(١)الْبَابُ الثَّامِنُ فِي الْخُلْعِ وَمَا فِي حُكْمِهِ وَفِيهِ ثَلَاثَةُ فُصُولٍ الْفَصْلُ الْأَوَّلُ فِي شَرَائِطِ الْخُلْعِ وَحُكْمِهِ وَمَا يَتَعَلَّقُ بِهِ الْخُلْعُ إزَالَةُ مِلْكِ النِّكَاحِ بِبَدَلٍ بِلَفْظِ الْخُلْعِ كَذَا فِي فَتْحِ الْقَدِيرِ وَقَدْ يَصِحُّ بِلَفْظِ الْبَيْعِ وَالشِّرَاءِ وَقَدْ يَكُونُ بِالْفَارِسِيَّةِ كَذَا فِي الظَّهِيرِيَّةِ

(وَشَرْطُهُ) شَرْطُ الطَّلَاقِ

الفتاوى الهندية ج١ ، ص٤٨٨

المطبعة الكبرى الأميرية ببولاق مصر

Original Source Link

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

Tags: consent, Divorce, khula, Marriage, mohammed, Mohammed Tosir Miah

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Random Q&A

  I am in lot of pain right now. I was married in 2004 on my choice with my cousin but my mother has not accepted her from the very first day. My mother maintained a very strict behaviour with her while I tried to balance the situation all the time. My wife compromised on lot of things such as not going to her siblings marriages and not going to see her ill father. Now, after 10 years of her marriage with me and due to continuous stress she got, she started replying in high tone to my mother. Sir, they regularly fought and i was trying to cool down the situation all the time but my mother had recently maintained a stance that she is not willing to stay in home with me if my wife stays here. My mother said that if i will keep my wife here then she will leave the home. Sir, in these 10 years i tried my level best to balance the relation but conditions got worst. My wife is not a bad woman, she use to take care of my mother once she was ill but i do not know what had gone wrong with my mother as she maintained such arogant behaviour with my wife. Sir, the issue is this that my father expired when i was probably 2 years old and i have no brother or sister. My mother brought me up and she is very possessive about me. Sir, on 22nd June 2014, my wife and mother had extreme fight and i was trying to stop them. During the fight my mother provoked me a lot. The limit was reached in anger where I was about to kill them all (including children) as I grabbed them from their throats, even I searched for a knife to kill them. Sir, because of getting continous stress, being out of control in extreme anger and without having prior intention of divorce i said to my wife that, “Mainy tumhain or tum kou (1 out of these words) talak di, Mainy tumhain or tum kou (1 out of these words) talak di, Mainy tumhain or tum kou (1 out of these words) talak di” in one go and probably within 10-15 seconds. Sir, my wife heard these words and she was having her periods since 17th June 2014 and it was her 6th day (22nd June 2014) of periods, she was not clean as she did not take the bath, she takes bath on 7th day of periods. I was not knowing that she is having periods as she was hospitalized probably on 20th June 2014 as she took few pills inorder to kill herself after getting disheart from my mother’s behaviour who tourchered her mentally by saying that my wife is misbehaving with her. Sir, my wife did not tell me as well regarding her periods. Sir, I was in extreme anger because of that fight and due to continuous stress been given to me by the fight i did this act in extreme anger. I had no prior intention to divorce my wife during the fight. My mother said it many times that i have done a big mistake by marrying my wife and she even said that I should get second marriage. All the situation arised because my wife became frustrated and took tablets inorder to kill herself and she was admitted in hospital. I brought her to home on 22nd June 2014 and my mother said that she will leave the home if i keep my wife here. They both had a fight like i cannot explain, I tried to stop them from fighting and in this extreme tense and anger situation i did that act. Sir, please guide and let me know answer of following questions :-  Question : 1) Was the divorce I gave is valid for 3 times or will it be counted as 1 talak ? Question : 2) Was the divorce valid because my wife was also having periods (6th day) and I was not knowing about her periods ? Question : 3) Was the divorce I gave is valid because it was given in such an extreme condition of anger where I nearly lost my senses and was even ready to kill my family with my own hands which a nomral person in senses cannot think of doing ? Question : 4) Do i have a chance of continuing my marriage again with the type of talak I gave or my marriage is over with my wife ? Sir, I have 2 sons and their life will be ruined. Sir, please help me out in this desperate situation as i feel like killing myself, thanks and regards.

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