What Should Be Done If a Husband Refuses to Agree to Khula?


Answered by Mawlana Ilyas Patel

Question

I have been married for 13 years and initiated khula, but my husband is now refusing to agree. I feel trapped and seek guidance on navigating this situation while maintaining emotional well-being and adhering to Islamic principles.

Answer

In the Name of Allah, the Most Merciful and Compassionate

There are many ways to resolve a marital dispute within the framework of Islam. Any permissible means, including spiritual and marital counseling, should be pursued.

A Quranic Solution

Allah Most High says: “And should you fear a rift between man and wife, send an arbiter from his kin and an arbiter from hers; And if both truly desire to settle between the couple, Allah will restore harmony between them; Verily Allah was ever all-knowing, all-aware.” [Quran, 4:35]

The verse above encourages external mediation between the spouses, especially if they cannot resolve their disputes respectfully. Allah Most High encourages the couple to appoint wise, God-conscious mediators from their respective families, local reliable scholars, Allah-fearing practicing elders, and fellow Muslims from the community. The verse also indicates that the couple should “desire reconciliation,” and if both are willing to recommit, then Allah will restore harmony between them. Allah knows best.

Consult a Sharia Council

Consult with and apply to your country’s recognized Sharia Body and Council. The Council will make every effort to resolve the situation between the couples. Depending on the circumstances, they will ask for the grounds for the dispute and may request witnesses or other forms of evidence. However, if they determine that there are no grounds for reconciliation, they will annul the marriage. This separation will be considered one irrevocable divorce, and you will then need to observe a waiting period (idda) of three menstrual cycles.

Pray two rakats of the Prayer of Need and ask Allah for ease and guidance. Given the considerations in such cases, we recommend consulting reliable local scholars or counselors about the specifics of your situation. Jazakum Allah khayran. May Allah destine what is khayr and good for you.

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How Can a Woman Get an Islamic Divorce
How Does One Perform The Prayer Of Need (Salat al-Haja)?
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I pray this helps with your question.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat 

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.