Question Summary:
my question is that if a wife left her husband and she is asking for talaaq. does she need to return the mehr or what is the procedure to be done. the husband does not want to give talaaq, they are living seperately. Question Detail:
my question is that if a wife left her husband and she is asking for talaaq. does she need to return the mehr or what is the procedure to be done.
the husband does not want to give talaaq, they are living seperately.
Answer :
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In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
At the outset the husband and wife should come to some understanding with regards to their differences. If this is not possible, then both the parties should contact a reliable and a pious upright Aalim from their locality for advice.
The most effective way of reconciliation is to act upon the noble advice of Allah Ta’ala mentioned to us in the Holy Quraan;
وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُواْ حَكَمًا مِّنْ أَهْلِهِ وَحَكَمًا مِّنْ أَهْلِهَا إِن يُرِيدَا إِصْلاَحًا يُوَفِّقِ اللَّهُ بَيْنَهُمَا إِنَّ اللَّهَ كَانَ عَلِيمًا خَبِيرًا .[1]
“If you fear a breach between the two of them (i.e. husband and wife) appoint (two) arbitrators, one from his family and the other from hers; if they wish for peace Allah will reconcile them for Allah has full knowledge and is acquainted with all things”
The arbitrators would be appointed from the side of both spouses who would discuss the problem and try to save to marriage through the best of their ability.
However, if the above option does not materialize then one could ask the husband to issue a divorce. Alternatively, the wife could propose for a khula[2] where the wife offers to return her mahr or give an exchange in order for the husband to issue a talaq (divorce).[3]
Once the khula is issued a talaq -e-baain (irrevocable divorce) will take place between the two spouses.[4]
In order for the khula to be valid, the husband must agree on the khula. If he does not agree on the khula, it will not be valid. Khula cannot be done unilaterally from the wife.
And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum
Ml. Luqman Hansrot,
Student Dārul Iftā
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah
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