Questions & Answers on Khula'
Thursday, 06 January 2011 18:14 Abu Abdullah
The following questions were asked for me by brother Abduililah Lahmami (student of Shaykh Obayd) to the esteemed Shaykhs Muhammad Abdulwahaab al Banna and Shaykh Obayd al Jaabiri.
As Salaamu Alaikum wa Rahmatu Allah wa Barakatuh: Oh esteemed Shaykh, may Allah T'ala reward you and preserve you. I humbly ask you Shaykh to please benefit me and those that I share this with answers to the following important matter as it is rampant here in my town. Jazak Allahu Khair.
The following answer to these questions are from Shaykh Muhammad Abdulwahaab al Banna
Question: In dar kufr does the imam have the right to grant khul and can someone other than him grant khula?
Answer: If there is not a Muslims leader to return to then it is allowed for you in your situation to go to the Imam of the mosque.
Question: if a wife wants khul and the husband refuses, can he be made to seperate from her and in the land of the kufar who has the right to make this separation?
Answer: The judge after he is presented the information judges whether she has a case for Khul', if she does then it is granted and is binding. If she is not able to live with her husband then she goes to the judge and explains to him the reasons since Islam does not allow a women to be tortured by her husband.
Question: Once the khul is granted is it an immediate divorce and must the woman and man separate or does she reside with him while in iddah?
Answer: There is no 'iddah in Khul' once she gives back the mahr (dowry) and then she is granted the khul' by the judge.
Question: Does she have a iddah of 30 days and may men indirectly express interest until the end of the iddah?
Answer: She is no longer married once the khul' is granted
Question: There have been many khulas granted here in the U.S. while the sister was pregnant and it was finalized, is this permissible?
Question: Is there iddah for the woman who was given talaq or had a khula who just had a baby?
Answer: Talaq 'iddah is 3 cycles? Khul' no 'iddah even if she just had a baby.
Question: If the husband delays the salah, is this grounds for khula?
Answer: Khul' Is a serious matter and should not be taken lightly, if the husband commits fornication, drinks alcohol then these are grounds for khul' if the husband does not accept leaving these. Also if he delays the prayer then remind him of Allaah and advise him. once must also consider the fate of the children in rushing to do a khul' since who will be their father?
Question: If the husband leaves the country for another country, can the wife get a khula?.
Answer: I see that the maximum time period is 4 months if he is away for longer than this period and she can't cope then she should tell him to take me with you or leave me.
Question: Does the woman have to cover in front of her husband while in iddah from a khula'?
Answer: There is no 'iddah from a khul'
Question: Is is permissible for a woman on salafiyyah to marry a hizbee or continue to be married to a man of deviance (ikhwani) as long as he is not shia, sufi or some other extreme deviance?
Answer: Sorry no answer The next answer is from Shaykh Obayd al Jaabiree
Question: After divorce does the man have to provide money to suport his children or should he just buy what is needed to be sure the child/children gets what they need?
Answer: Yes he must provide for his children after the divorce in terms of dress and money for their well being. As for a place to stay then this is not up to him if he has divorced his wife.
Question: Once last thing Shaykh. In regards to aqeeqah. Does the head of a female child get shaved, I was told it was disliked to do so? And if an aqeeqah can not be afforded now, does one still shave the childs head and all other actions of aqeeqah and slaughter later or is all this done at the time of slaughter? No answer sorry
For those questions that were not answered, they were not asked of the esteemed Shaykhs. InshaAllah answers to them will come.