Question ID: 32255
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During an argument, a wife is constantly asking the husband for a divorce. The husband says, “I will NOT divorce you but you have right of a khula, (or you can try for khula.)” The husband does not intend to divorce the wife at all but is reminding her that can she initiate the process but will have to go through a legal court and the husband will not issue a divorce from his free will.

1) Does this statement from the husband result in divorce? If yes, what is a new nikkah required or rujju?
2) The husband does not want a divorce in any case and believes the wife gets angry quickly and is very emotional for demanding it. Is it a husband’s right not to entertain her demands?
3) Is the procedure written below (after question 4) correct when it comes to khula?
4) During the same argument, the husband says to the wife that the reason wives are not given the right to divorce in sharia is because they are emotional and they can quickly resort to this option while the involvement of the court may deter them (wives) from these decisions. Is this a correct interepretation of why these laws are the way they are ?

According to wikipedia Pakistani law
“The wife alone wishes to divorce her husband; and there are two ways for her to achieve this divorce or ‘khula’ (i) She requests her husband that she no longer wishes to remain in marriage with him; and the husband declares a divorce upon her. (ii) If her husband is not willing to grant her a divorce, the wife is well within her rights in Shariah to approach a Shariah Court and present her divorce case to the Shariah Judge. The Judge would then summon the husband and ask him to declare a divorce upon his wife and free her from the marriage. If the husband for any reason refuses, the Sharia Judge has the right to declare a divorce between the husband and the wife in marriage.”

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Asked on December 29, 2016 12:59 am
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Private answer

AsalaamuAlaikum

السَّلاَمُ عَلَيْكُمْ وَرَحْمَةُاللهِ وَبَرَكَاتُهُ

1.) No.
2.) In this case, he should not divorce.
3.) Not entirely.
4.) One of the reasons.

Khula: the wife pays for her divorce.
No need for court to supervise it.

وَعَلَيْكُمُ السَّلَام وَرَحْمَةُ اللَّهِ وَبَرَكَاتُهُ وَمَغْفِرَتُهُ
Was-Salaams
Mufti Elias
http://www.alislam.co.za
twitter.com/Mufti_Elias

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Answered on January 11, 2017 4:38 pm