Assalaamu alaykum. Please, I need a fatwa. I live in the USA with my wife and our son. My question is the following: my wife is requesting a khul' divorce. I do not want to give her a divorce. What happened is that we (my wife & I) agreed that I take the boy to Egypt for six months to see his family and learn the Arabic language. Everything was fine. We returned back to the USA. I found that my wife changed 180 degrees. Within the first 48 hours of arrival to the USA, my wife requested a khul'. I tried to explain the consequences of her request to her as she is breaking up a Muslim family. I tried everything with her. I took her to the imam of the community, he asked her why she wants a divorce, she said that here husband is not the main provider to the family and that there is no intimacy in the marrage. The imam agreed with her and gave her the khul'. I read about khul' in the book Fiqh Al-Sunnah by Al-Sayyed Sabeq. I realized that the imam was supposed to tell us (my wife and I) about all the options. I sent to the imam that I believe that the khul' is not valid based on the following points: the Holy Quran, chapter # 2 verse # 229 and chapter # 65 verse # 7, the book Fiqh Al-Sunnah by Said Sabeq, Arabic version, volume 2, pages # 288-289, 294-298, and 300-301. I cover the food and clothes. I covered the housing whenever I had the money, the times that I had no physical money was accepted by my wife. It is well known that there is no job that one can get overnight. I did not know all the options that we have according to the Quran and the Sunnah.

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, sallallaahu ʻalayhi wa sallam, is His slave and Messenger.

You should know that it is not enough to settle for a fatwa on matters involving such disputes; they require further investigation, hearing from both parties, and asking for supporting evidence if needed. Therefore, such disputes should be referred to sharee'ah courts or what serves as their substitutes, like Islamic centers, for instance, and the concerned entities authorized to settle disputes among Muslims, especially given that a verdict has already been issued regarding this case. It should be noted that the imaam of the local mosque may act as a Judge in settling disputes among Muslims in some parts of the world.

Generally speaking, the basic principle is that it is forbidden for the Muslim wife to demand a khul’ (divorce at the instance of the wife for consideration payable by her) - for no valid reason - given the reported prohibition in this regard. Thawbaan narrated that the Prophet, sallallaahu ʻalayhi wa sallam, said, “Women who seek divorce and khulʻ (for no valid reason) are the female hypocrites.” [At-Tirmithi]

If the Muslim wife hates her life with her husband and fears falling short in fulfilling his due rights over her in case of staying married to him, then she is entitled to request a khul’ in return for compensation that she pays to him, as evidenced by the verse that reads (what means): {...But if you fear that they will not keep [within] the limits of Allaah, then there is no blame upon either of them concerning that by which she ransoms herself...} [Quran 2:229]

It was narrated that the wife of Taabit ibn Qays came to the Prophet, sallallaahu ʻalayhi wa sallam, saying, “By Allaah, I do not find any fault with Thaabit regarding his religion or his behavior, but I hate disbelief after becoming Muslim and I cannot stand him.” “The Prophet, sallallaahu ʻalayhi wa sallam, said to her, “Will you give him back his orchard (i.e. which was her dowry)?” She said: “Yes.” So the Messenger of Allaah, sallallaahu ʻalayhi wa sallam, told him to take back his orchard from her and divorce her.

For further information on khul', its pillars, rulings, and conditions, please refer to fataawa 276691, 240580, and 235219.

As long as the due pillars of khul’ are met, it is valid and in effect. If you have an objection or require further clarification regarding the issued khul’, then you should refer the case to the Islamic center in your country.

It should be noted that reconciliation should be sought before choosing to end a marriage; Allaah, The Exalted, says (what means): {...and settlement is best...} [Quran 4:128] However, this is not obligatory in your case and does not affect the validity of the khul’ when it is put into effect.

Allaah, The Exalted, says (what means): {...But if you fear that they will not keep [within] the limits of Allaah, then there is no blame upon either of them concerning that by which she ransoms herself...} [Quran 2:229] It indicates that khul' entails paying a compensation by the wife to the husband. Ibn Qudaamah asserted, “By and large, if a woman hates her husband due to some defect in his character, religion or body, and she fears neglecting his rights on her, then she is allowed to seek khul’. Allaah, The Exalted, says (what means): {...But if you fear that they will not keep [within] the limits of Allaah, then there is no blame upon either of them concerning that by which she ransoms herself...} [Quran 2:229].”

Allaah knows best.