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Applying for Khula

Q: I am going through a marital crisis. My husband and I have been living apart for almost 3 years, at our own agreement for job and financial security. Recently, my boys and I have moved back in together with him and I have since discovered that he has had misyar marriage to a non Muslim for the last 2 years whilst away and their marriage contract is due to expire this May. He is also now having another affair with another woman for the last year and due to marry her. This other woman is a Muslim. I have asked him for his evidence/marriage certificate with the non Muslim, but he said it is in a mosque in another country. My main concern is that he has had 2 affairs behind my back and these two women have since contacted me and told me that on both occasions, my husband has lied to them at start of their relationship about being married. My husband continued going out with the other Muslim woman, and texting her constantly even in my presence. I’m annoyed and this is giving me mental torture. We are in constant argument. I feel trapped. He did not want to divorce me, although on one occasion he said ‘ we are done’ but denied having intention of divorcing me. Please advise if I can seek fasakh as I am convinced based on the message from the non-Muslim lady that they are not married, and he is also having a current affair which I feel is wrong. He is constantly hurting my feelings. Our arguments are toxic to our 2 children. Please advise the right way in dealing with this matter.


A: If you are afraid that you will not be able to manage with the marriage and you will fail in your duties then you may apply to some ulama body. They will look into your matter and see the procedure of faskh and issue it if they see that it is valid.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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