Fatwa

  1. Fatwa
  2. Women and Family
  3. Separation of Spouses
  4. Khulu` (Divorce at the request of the wife who pays a compensation)

She was given Khul’ from her husband who absented himself for years
Fatwa No: 130277

Question

AOA,
hope you will be fine and doig well.
i have one question. Please advise me on below:
my sister live with my parrents after her marriage since 6years with her two kids. Her husband live in abroad and he never ctc with my sister and nor send eny expense to my sister. my parrents are bearing their expenses. Now my sister has apeal with adalat for KHULA. after six months procedure judge has singend for divorce and send the documents to the area's Nazim. Please confirm us that this divorce has been happen or not. Please also note now my sister's husband come back from abroad and he wants my sister back. Please advise us in the light of islam that my sister can go with him or not.???

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

If a Muslim judge issued the decree of Khul’ based on the religious procedures, then this Khul’ takes place. A judge giving a decree in absentia is permissible according to the view of the majority of the scholars .

Khul’ takes place as one irrevocable divorce according to the preponderant view of the majority of the scholars . So, her husband is not permitted to take her back except with a new contract. For more benefit, please refer to Fatwa 88502.

If this husband has no sound reason for being absent from his wife for this long period of time, in addition to not spending on his wife and children, then he is very wrong because it is not permissible for a husband to be absent from his wife more than six months except with her consent as clarified in Fataawa 84073 and 88468.

Also, he is obliged to spend on his wife and children according to reasonable bounds. If the family of the wife had spent on her and her children with the intention of asking her husband to reimburse them, then they are permitted to do so.

Finally, we advise you not to hasten to bring her back to him or refrain from returning her to him unless you know what is more beneficial for her.

Allaah Knows best.

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