Question:
Assalam O Alaikum
I got nikah, my wife wants to file divorce after 2 years of relationship. I am still trying to convince her and I want her to be with her. I don’t want to have a breakup.
Please pray for me & guide me to be with her.
Answer:
wa `alaykum salam,
Khula` is the right of women in Islam to get divorce or separation from her husband. In the situation where a woman can no longer remain in the marriage of her husband and all attempts to save the marriage have failed, the solution would be for her to obtain a divorce from the husband.
However, the lexical definition of khula` as explained by the famous Hanafi mujtahid, Ibn Humam is as follows:
“To remove the union of marriage in exchange of a financial settlement with the words of khula`.” (Ibn Humam, “Fath al-Qadir“, 3/1999).
It should also be remembered that a khula` agreement can only be carried out with the consent of the husband. The wife does not have the jurisdiction to enforce khula` without the consent of her husband. This is an agreed upon ruling in all of the four Sunni schools of Islamic law.
Imam Senad Agic
Head Imam (IABNA)
The Islamic Association of Bosniaks in North America
American Islamic Center – Chicago
