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Is a Khulu’ the Solution to Leave an Abusive Husband? (Shafi’i)

Answered as per Shafi'i Fiqh by Seekersguidance.org

Answered by Shaykh Abdurragmaan Khan

Question: Assalam alaykum,

Since the beginning of our marriage my husband has been disrespectful by calling me derogatory names and does not stop until I breakdown or cry. He repeats to me almost everyday that he will do what he wants and will not grant me a divorce out of spite. A friend recommended me to ask about a Khulu’. What is it?

Answer: Wa alaykum al-Salam

May Allah bring ease to your situation. If your marriage is unbearable and seperation is your best your option and your husband refused to issue a divorce, then these are your options:

1. Annulment

Annulment requires you to approach an Islamic Judicial body and then to state the reasons why you believe you are entitled to an annulment. The judge presiding over the court would then do the necessary investigation and if the circumstance warrants an annulment, he would issue one. Certain cities may not have judiciary bodies, in this case please consult the local scholars of your city.

2. Tafwid

Tafwid is when the husband hands over the power of divorce to his wife. He thus says to her, “I permit you to divorce yourself from me” or “I hand over to you the power of divorce”. The wife then accepts immediately and says, “I divorce myself from you”. The wife has to do this immediately after the husband offers tafwid, she may not do so a few minutes later or the next day. This option is a good one where the husband doesn’t want his colleagues to look down upon him for divorcing his wife. She thus divorces herself from him.

3. Khulu’

Khulu’ is where the wife offers the husband a some of monies to divorce her. The husband would then say, “I divorce you for 100USD” and the wife then accepts.

May Allah guide you that which is best in this world and the next.

[Shaykh] Abdurragmaan Khan

Shaykh Abdurragmaan
received ijazah ’ammah from various luminaries, including but not restricted to: Habib Umar ibn Hafiz—a personality who affected him greatly and who has changed his relationship with Allah, Maulana Yusuf Karaan—the former Mufti of Cape Town; Habib ‘Ali al-Mashhur—the current Mufti of Tarim; Habib ‘Umar al-Jaylani—the Shafi‘i Mufti of Makkah; Sayyid Ahmad bin Abi Bakr al-Hibshi; Habib Kadhim as-Saqqaf; Shaykh Mahmud Sa’id Mamduh; Maulana Abdul Hafiz al-Makki; Shaykh Ala ad-Din al-Afghani; Maulana Fazlur Rahman al-Azami and Shaykh Yahya al-Gawthani amongst others.

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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