Conducted Marriage Contract but Wife Asks for Khul’

5-9-2021 | IslamWeb


Salam, I had nikkah for 5 months but rukhsati didnt take place. My wiife and i used to talk through on messages. we had good relations and argued once or twice on the choice of speciality after her MBBS and she didnt like the clothes given to her on nikkah. But we had resolved that among us. On day of eid, my parents went to her home to discuss the day of rukhsati. Even on that day, we had normal talk. On asking for day of rukhsati, my wife's parents said that we had not given proper clothes to them. they said as my mother consulted my wife before buying gold and other things. it was wrong. They said that they were considering for many days whther this rishta should continue or not? ALl of they argued for a while and then my parents returned to discuss it again some other day. Next day we tried to contact her father but he refused to meet us and asked to meet my wife cousin who was my father's student. When we met himm, he said that my wife want khula becuase she does not like my mother and dont want to live with her. Then we requested them again for a meeting. they met next day. I requested them to let me talk to my wife once so that i can discuss this with her. But her father refused saying that its parents responsibility and children must agree to it. I didnt want to give khula to her but that day they didnt agree with me saying it is best for their daughter happiness. Then we reqested a meeting of elders of both families. We agreed to arrange for seperate home for her and assured them that my mother will not say anything to her. But after 3 days, her father informed that my wife dont want to continue the marriage. My wife blocked me from everything and i could not contact her. I requested several times to her father to let us talk but he refused and said that my wife doesnot want to talk. I dont want to give khula as we were happy and i dont find a reason to leave her. I want to know that is this a valid reason according to islam for khula?


All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If the Islamic marriage contract of a woman is conducted with her husband, then she becomes his wife. One of the most important Islamic purposes of marriage is the durability of the marriage and the achievement of the desired benefits from the marriage. Whenever it is possible for the married life to be stable, then this is better, and one should undertake the reasons that would help in achieving that.

Indeed, you have done well by endeavoring to achieve this, may Allah reward you.

The Sharee’ah has given the woman the right to ask for Khul'u [divorce in return for compensation] if she hates her husband and fears that this will prevent her from fulfilling his right upon her.

This is what the wife of Thabit Ibn Qays  may  Allaah  be  pleased  with  her did and her story is reported in Saheeh Al-Bukhari.

If the case is as you mentioned that your wife asked for Khul'u simply because she does not like your mother, then she is wrong; but she is not obligated to live with your mother; rather, she has the right to be in a separate accommodation in any case.

For more benefit that a wife is entitled to have a separate accommodation and that she is not obliged to live with her in-laws, please refer to Fatawa 253297, 88654, 384583, 297622, 253297, 189065 and 137042.

You are not obliged to accept her request for Khul'u. We think that you should continue to try to convince her and convince her parents that the marriage bond continues. You should frequently supplicate Allah earnestly, as He ordered us to supplicate Him and He promised to answer our supplication; Allah Says (what means): {And your Lord says, "Call upon Me; I will respond to you." Indeed, those who disdain My worship will enter Hell [rendered] contemptible.} [Quran 40:60]

There is nothing wrong in appointing some righteous people again to mediate as Allah may make them a reason for reconciliation. If that is possible, then praise be to Allah. Otherwise, it may be better for you to accept her Khul'u and look for another woman to marry as Allah may compensate you with a better wife, and do not grieve about what happened. Allah Says (what means): {...But perhaps you hate a thing and it is good for you; and perhaps you love a thing and it is bad for you. And Allah Knows, while you know not.} [Quran 2:216]

For more benefit about Khul'u, please refer to Fatawa 89039, 297739, 131953, 276691, 205168 and 168545.

Allah Knows best.