Category: Marriage (Nikah)
Fatwa#: 39343
Asked Country: Hong Kong

Answered Date: Nov 22,2017

Title: 1. Is her khulla valid without my approval? 2. Is her new nikkah halaal?

Question

Salam

 

I fist got married in Dec 2006 and my marriage lasted for 7 months as i was being asked to give divorce to my wife by her parents as they didn't like me. They demanded i have abortion for my wife when she first got pregnant.

Those 7 months of my life were like a roller coaster and I would never be sure on my return from work if my wife would be home. For 7 months i refused to issue a divorce to my wife and told all her n my relatives that I am being insulted and intimidated to give her a divorce which I dont want to do.

Then she left me and gave birth to a premature boy and then her father called me and insulted me so bad and demanded I give his daughter a divorce. I was so furious if he was infront of me then I'd have killed him or get killed for what he said and I hang the phone on him. I then called back and demanded to talk to my wife who was also with her father and said she want a divorce n i shall give her as she is listening. I then pronounced to her three time I Will Give You Divorce In My senses (three times). I said that in a state of too much anger as I heard she wanted to abort the child as her parents didnt want him but I have mentiond to all her and my relatives in the 7 months that I am being forced to divorce my wife and even if they get it out of me for any reason I will not divorce my wife..

Her father then called all the relatives and told them I dovorced my my wgich was a lie.

She then went to the court from where she get a Khulla. Again i protested on the issue of khulla and told the judge that I refuse the khulla as she don't allow me access to the child and have defamed me.

In the past few years we were in contact and I tried my best to convinve that I never divorced her and our khulla is also not valid in Islam but she had doubts. She would say she is fearful of Allah.

Now she has married another man without a divorce from me and without the approval of my Khulla.

I asked her to give the son to me who is now 10 years of age and then get a divorce from me or else her nikkah will not be valid and her relationship will be haraam. She mentioned fear of Allah to come to me but refused to give me my son and said go to the court and i will not give him to you. She claimed her new husband loves my son more than me and has accepted her with him but she left her son in USA and went alone to Pakistan and got married in absence of the son she claimed cannot live without each other.

She said she will never give the son to me even though as per Islam I can demand him if she is marrying elsewhere but she refused straight away.

She wanted to come to me but had doubts if our relationship will be Halaal but to marry another man she says she is divorced and my opinion and say has no ground.

Is her new nikkah now valid even tough i never divorced her and never intended to divorce her and even in all the pressure n isnults from her parents i told everyone i knew that they are demanding divorce and i will never give one. 

1.  Is her khulla without my approval valid?

2.  Is her new nikkah halaal?

3.  What are my rights on my son in Islam?

Jazak Allah

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

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•The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

•Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

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Your statement, “I will give you divorce” constitutes an intention/promise to divorce in the future. It does not constitute a divorce.[1]

A kulla is valid only with the consent of the husband. A kulla without the husband is not valid.[2]

Accordingly, and if what you state is the reality of the situation, then your nikaah with your wife is intact. The marriage to another man is invalid and constitutes zina.

 And Allah Taala Knows Best

Mehrazur Rahman

Student Darul Iftaa

Brooklyn, NY, USA

Checked and Approved by,
Mufti Ebrahim Desai.



[1] ( بدائع الصنائع، ج ٢، ص ٢١٠ )

 

[2]( الفتاوى الهندية، ج ١، ص ٤٨٨، مكتبة رشيدية )

 الخلع إزالة ملك النكاح ببدل بلفظ الخلع كذا في فتح القدير وقد يصح بلفظ البيع والشراء وقد يكون بالفارسية كذا في الظهيرية وشرطه شرط الطلاق وحكمه وقوع الطلاق البائن كذا في التبيين

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