Islamic marriage advice and family advice

My wife was granted khula – I have some questions.

property division


Can you please advice on the following issue.

Shariah court dissolved my marriage but my wife was seen with another man during khula process, does this not violate shariah laws hence reason for dissolution decision to be made void? Clearly states on khula application obtained from the council in [UK region name edited for confidentiality].

Also before marriage I was pressured by her family to marry her ASAP so I took out several loans to pay for the wedding, would it be right for me to ask her to pay that off bearing in mind she has deposited most of the gold into the council based in [UK region name edited for confidentiality]. However, a number of rings are still outstanding along with all the outfits etc. I mention outfits because they were part of the mehr and council sent paper stating 'marriage to be dissolved' in exchange for the mehr to be returned to me, the husband. I haven't signed any papers yet but I'm looking to make these claims and not sure if it's ok.

Furthermore I am very disappointed by the council for making this decision very easily as this is the kind of thing that encourages and promotes divorce in Islam, I've been lead to believe divorce is one of the most frowned upon acts in Islam but here a woman
can buy one for a mere £400!

Looking forward to hear from you in-sha-Allah.



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2 Responses »

  1. Salaams,

    This is a very detailed question that involves the jurisdiction of your local shariah council and the laws it follows. We can only give general answers about khula according to fiqh, but they may or may not apply to your particular situation.

    I think in your case the best option would be to speak to a solicitor who is more familiar with the governing laws and precepts that apply to your case, and they would be able to advise you what your rights are in this matter.

    -Amy Editor

    The evidence for that from the Sunnah is that the wife of Thaabit ibn Qays ibn Shammaas (may Allaah be pleased with him) came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, I do not find any fault with Thaabit ibn Qays in his character or his religious commitment, but I do not want to commit any act of kufr after becoming a Muslim.” The Prophet (peace and blessings of Allaah be upon him) said to her, “Will you give back his garden?” Because he had given her a garden as her mahr. She said, “Yes.” The Prophet (peace and blessings of Allaah be upon him) said to Thaabit: “Take back your garden, and divorce her.”
    (Narrated by al-Bukhaari, 5273).
    From this case the scholars understood that if a woman cannot stay with her husband, then the judge should ask him to divorce her by khula’; indeed he should order him to do so.
    With regard to the way in which it is done, the husband should take his payment or they should agree upon it, then he should say to her “faaraqtuki” (I separate from you) or “khaala’tuki (I let you go), or other such words....
    According to the court ruling she is apparently divorced from him, and when her ‘iddah ends she can re-marry. I think that the only way out of this problem is that good and righteous people should get involved in this matter, to bring about reconciliation between the man and his wife. Otherwise she has to give him some payment, so that it will be a proper shar’i khula’.
    Liqa’ al-baab al-Maftooh by Shaykh Muhammad ibn ‘Uthaymeen, no. 54; 3/174.

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