Women seeking separation from husband (Khula)

Question :

A women want Khula (seperation) from his husband and reason is :

1. Husband has disease of Sugar and he does take care of his health
2. He dont have interest in world and don’t have interest in earning

Answer :

It is not allowed for woman to seek divorce or Khula from her husband without being it absolutely necessary because of saying of Prophet Sallallahu alaihi wa sallam : “Any woman who asks her husband for a divorce when it is not absolutely necessary, the fragrance of Paradise will be forbidden to her.” (Ibn Majah – 2055) (Shaykh mentioned “the Paradise is forbidden for her”, but I couldn’t find hadeeth with that wording – Translator).

But if she dislikes him or felt that she cannot live with him or if she felt that the husband cannot spend on her then in this state she can ask for separation (Khula) and when

“The wife of Thãbit bin Qais came to the Prophet Sallallahu alaihi wa sallam and said, “O Allah’s Messenger Sallallahu alaihi wa sallam ! I do not blame Thãbit for defects in his character or his religion, but I, being a Muslim, dislike to behave in an un-Islamic manner (if I remain with him).” On that Allah’s Messenger Sallallahu alaihi wa sallam said (to her), “Will you give back the garden which your husband has given you (as Mahr)?” She said, “Yes.” Then the Prophet Sallallahu alaihi wa sallam said to Thãbit, “O Thãbit! Accept your garden, and divorce her once.” “ (Sahih Al Bukhari – 5273)

In this hadeeth the statement “divorce her once” is Shadh* and the correct narration is “seperate her from you”.

(Shadh – A term used to mention that the part of hadeeth is weak for a particular reason, refer to books of science of hadeeth for more infomation – Translator)

And the Iddah (waiting period) for the woman who asked for Khula (separation) is one mensuration after the seperation on the correct opinion. And the woman want to come back to the husband then there should be a new marriage agreement and Mahr. Allahul Mustaan.

Answered by : Shaykh Abu Ishaaq Al Qaisee