Q: I am a 27 year old woman and belong to a very close-minded culture and place. I got in engagement and Nikah with my cousin at age of 21 but never lived with him. During our engagement period (5 years) we always fought because I liked someone else and I told this to him and my family several times. When I was 25 I got married to him and stayed for 2 weeks with him. We were happy and fine but then I came to Dubai and he was in Pakistan. After coming back to Dubai, I separated for 2 years now because we started fighting again because he used to doubt my character and never gave my meher or proper place to live although the family is quite rich. I got Khulaa from the court without his knowledge. I tried a lot to accept him but I failed. My question is:
1. Will Allah Ta’ala punish me for forcing him to divorce me?
2. Am I wrong?
3. I feel he was unfair as he forced me to wait for 5 years for nothing.
A: The khula is subject to the approval of the husband, not the approval of the court. If the husband did not accept the khula, the khula will not be valid. Hence, if the husband did not accept the khula and nor did he divorce you, then you are still in his nikaah.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)