Can My Wife Divorce Me Without My Agreement?

Answered by Shaykh Abdul-Rahim Reasat

Question: Assalamu alaykum

My marriage took place about 5-6 years ago.

My in-laws have filled for Khula’ (in Pakistan’s family court), without my agreement.

1. Is the Khula’ given in non such courts without agreement of the Husband accepted in Shariah ?

2. Will the marriage (Nikah) of the girl to someone else who attained such form of Khula’ be valid ?

3. I am willing to fulfill the marriage & not issue Talaq but they still want to opt for Khula’ . What should I do according to Shariah in such scenario?

Answer: Wa ‘alaykum as-salam wa rahmatullah wa barakatuh

I pray you are well.

Clearing Misconceptions

Many people seem to think that a khulʿ is akin to the right to divorce which the husband possesses, only that it is something the wife applies to through a Sharīʿa court. This is not the case.

A Khulʿ is a request made by the wife by to the husband for him to divorce her in exchange for something; usually a sum of money. It is dependant on him choosing to do so – but not binding.

Should he accept, he is permitted to take anything up to the amount he gave to her for her mahr. Taking more, although legally valid, is blameworthy. If his misdemeanours are what made her resort to this course of action, then religiously, it is sinful for him to take anything from her, yet, if he did so he would own it (al-Maydani, al-Lubab).

If the husband does not agree to it, and if there are sufficient grounds, the court can annul the marriage without his agreement.

Answers

So, to answer your question, for a khulʿ, the court would need your agreement. The reasons that they have offered would not be sufficient for the marriage to be annulled according to the Hanafi school. If your first wife was to try and marry someone else the marriage would not be valid.

To resolve your situation you should pray salat al-istikhara, consult with a reliable local scholar, family and close friends. But ultimately, this is your decision to make, and you will have to answer for it, not them.

It is worth noting, however, that a marriage is meant to unite families as well as individuals; and when matters start off with such turbulence, calming them is difficult. We can understand from the Qurʾān that it takes both sides to want a resolution for it to happen: If they both want [matters to be] rectified, Allah will bring about agreement amongst them (4:35).

And Allah knows best.

Wassalam,
[Shaykh] Abdul-Rahim Reasat

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 to study and sit at the feet of some of the most erudite scholars of our time.

Over the following eighteen months he studied a traditional curriculum, studying with scholars such as Shaykh Adnan Darwish, Shaykh Abdurrahman Arjan, Shaykh Hussain Darwish and Shaykh Muhammad Darwish.

In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years, in Fiqh, Usul al-Fiqh, Theology, Hadith Methodology and Commentary, Shama’il, and Logic with teachers such as Dr Ashraf Muneeb, Dr Salah Abu’l-Hajj, Dr Hamza al-Bakri, Shaykh Ahmad Hasanat, Dr Mansur Abu Zina amongst others. He was also given two licences of mastery in the science of Qur’anic recital by Shakh Samir Jabr and Shaykh Yahya Qandil.

His true passion, however, arose in the presence of Shaykh Ali Hani, considered by many to be one of the foremost tafsir scholars of our time who provided him with the keys to the vast knowledge of the Quran. With Shaykh Ali, he was able to study an extensive curriculum of Qur’anic Sciences, Tafsir, Arabic Grammar, and Rhetoric.

When he finally left Jordan for the UK in 2014, Shaykh Ali gave him his distinct blessing and still recommends students in the UK to seek out Shaykh Abdul-Rahim for Quranic studies. Since his return he has trained as a therapist and has helped a number of people overcome emotional and psychosomatic issues. He is a keen promoter of emotional and mental health.