Regulations relating to Khul’

20-3-2012 | IslamWeb

Question:

my wifeis claiming khula on the grounds of i went into another marriage i am not paying her maintanance or no contact over year but in reality she always cheated on me i have 3boys age 15,13,and11 i always love them when i caught herwith different affairs she put me in trouble always making false accusation and call the police so many time i am clear from police and now she is take over my buisnnes propert to commit a fraud she keep changing her home numbers so if i need to contact childrens i have to ring her and then refusses to see children or contact with her consant i went another islamic marriage i have some proof of her affair but even her brothers against me trying to protect her bcoz they got eye on my buisnnes and proprty they r thinking of them benifets but they fotgeting one thing they r taking my childrens and my good valuable time away i cry all the time for my childrens my wife spending all the money to her boy friends which is we saved for our chidrens please give advice asap bcoz ihave to give answer before 12march to sharia court to how to defend my case please dont mansion my name jazah ALLAH,,looking forward to hear from u or give me some numbers where i can seek advice many thanks,,

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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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

Since the case is referred to an Islamic court, then it is the court which will decide about it.

However, you have the right to ask for your right in court based on what you know about the behavior of your wife. If Khulu’ takes place, then you have the right as well to endeavor to foster your children by mentioning that your wife is corrupt. You may also benefit by giving the choice to your children to choose between you and her.

For more benefit, please refer to Fatwa 87762.

Allaah Knows best.