Tuesday, June 8, 2010

Divorce and Khulu in Islam is The Last Option islam

 (ISLAM) Divorce and Khulu in Islam is The Last Option

In the name of Allah, the Most-Merciful, the All-Compassionate
"May the Peace and Blessings of Allah be Upon You"


Praise be to Allaah, we seek His help and His forgiveness. We seek refuge with Allaah from the evil of our own souls and from our bad deeds. Whomsoever Allaah guides will never be led astray, and whomsoever Allaah leaves astray, no one can guide. I bear witness that there is no god but Allaah, and I bear witness that Muhammad is His slave and Messenger.
Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah
As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu

Divorce in Islam

Islam regards marriage bond as sacred and blessed. As such, Islam is keen to strengthen the relationship between the two spouses. Allah (subhanahu wa taala) indicates the great value of the marriage bond as He (peace and blessings of Allah be upon him) states in Quran Sura Nisa (4:21):" And how could ye take it when ye have gone in unto each other and they have taken from you a solemn covenant".

In fact, Allahs Mssenger (peace and blessings of Allah be upon him) is reported to have said, which read as follows:" Iblis [Satan], places his throne on water and sends his troops. The closest one [of his troops to him] is that who has the greatest trail and temptation [to mankind]. As such, Satan would bring that member of his troop closer to him [in honor and respect for what he did]. One of the members of Satan's troops would come forward and reports what [evil activities] he did. Satan would comment: 'You did not do anything. Then another one of his troops would come forward and report: I did not leave that man [a husband] until I separated him from his wife. Satan would bring that one of the members of his troop closer to him [in honor and respect] saying: Yes indeed. It is you [who deserves the honor]" [65].

Similarly, Allahs Messenger (peace and blessings of Allah be upon him) demonstrated the respect and honor of the marriage bond by saying, which read as follows:" He is not considered among us [Muslims], who turns a woman against her husband" [66].

Although Islam places a great importance on the marriage integrity and declares it holy and honorable, yet Islam legalizes divorce that breaks this great bond. Nevertheless, Allahs Messenger (peace and blessings of Allah be upon him) is reported to have described divorce, which read as follows:" The most hatred lawful item in the Sight of Allah (subhanahu wa taala) is divorce" [67].

Islam reached this decision when marriage reaches a dead end between the two spouses and there is no other solution except divorce. Islam is keen to protect the Muslim family and the Islamic society.

The anti-social behavior of husband or wife can cause chaos in the society. Such chaos may very well lead to mixed lineage, falsified inheritance, deprivation of genuine rights and spread of indecency in the community.

Although divorce is lawful, it is still well restricted. In fact, divorce is not a toy in the hand of the person, which he may use it any way when he or she likes. Muslim scholars illustrate that divorce must take one of the four following forms:

Divorce may be compulsory when the two assigned referees decide it in the case of the disputed spouses.

Allah (subhanahu wa taala) states in Quran Sura Nisa (4:35)
:" If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: for Allah hath full knowledge, and is acquainted with all things".

Divorce is unlawful, if there is no sound and visible reason or ground for it.

Divorce is permissible, if the husband or wife is vicious in terms of character and attitudes.

Divorce is required, if the husband or wife is not committed to the Islamic teachings, or if she is indecent or vulgar.

[65] Muslim reported this Hadith.
[66] Abu Daoud and Nasai reported this Hadith.
[67] Abu Daoud and Hakim reported this Hadith.

Khulu is divorce on the instance of the wife request in Islam, who must pay her husband compensation in order for him to accept divorcing her.

If marriage were not based on love, affection, comfort, and agreement between the two spouses, life then would turn into misery rather happiness and comfort. Marriage, in such a case, would no longer be a harmony, peace of mind and comfort, but rather hardship and adversity.

If one of the spouses hated the other, or doesnt trust him, there would be no hope for marriage continuation.

Allah (subhanahu wa taala) states in Quran Sura Nisa (4:19):"
On the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good".

Islam legalized khulu however when life with the other spouse becomes unbearable. Of course, divorce normally is a right to the husband; therefore, he can issue it when he feels fit.

However, if the wife hates the life with her husband and could no longer take it, then, in such a case, she may demand divorce by the process of Khulu, paying the husband compensation for what he had already paid her in order to terminate the marriage.

This is the justice in the best form, we believe.
A husband paid the dowry, bore the marriage expenses, and paid other expenses as well.

Allah (subhanahu wa taala) states in Quran Sura Baqarah (2:229):"
It is not lawful for you, [men], to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah.

If ye [judges] do indeed fear that they would be unable to keep the limits ordained by Allah, there is not blame on either of them if she give something for her freedom.

These are the limits ordained by Allah; so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong [themselves as well as others]

Islam aims at preserving peoples honor and dignity. Islam also aims to protect and secure the society by closing all doors for possible social corruption. The presence of a husband with a woman whom he does not like, and vice versa, would very likely lead to suspicious and unlawful relationships.

Therefore, Islam legalized divorce.

The evidence for that from the Sunnah is that the wife of Thaabit ibn Qays ibn Shammaas (may Allaah be pleased with him) came to the Prophet (peace and blessings of Allaah be upon him) and said, "O Messenger of Allaah, I do not find any fault with Thaabit ibn Qays in his character or his religious commitment, but I do not want to commit any act of kufr after becoming a Muslim."

The Prophet (peace and blessings of Allaah be upon him) said to her, "Will you give back his garden?" Because he had given her a garden as her mahr.

She said, "Yes."

The Prophet (peace and blessings of Allaah be upon him) said to Thaabit: "Take back your garden, and divorce her."

(Narrated by al-Bukhaari, 5273).

Allah (subhanahu wa ta'ala) states in Quran Sura Nisa (4:130):" But if they disagree [and must part], Allah will provide abundance for all from His All-Reaching bounty: for Allah is He that careth for all and is Wise".

Does the Throne of Allaah shake because of divorce?

A hadeeth concerning that has been narrated from the Prophet (peace and blessings of Allaah be upon him), but it is a fabricated and false hadeeth.

This is what has been narrated from Ali ibn Abi Taalib (may Allaah be pleased with him), that the Prophet (peace and blessings of Allaah be upon him) said: "Do not issue divorce, for the Throne shakes because of divorce."
Narrated by Ibn 'Adiyy in al-Kaamil (5/112) and by al-Khateeb in Tareekh Baghdaad (12/191), and via Ibn al-Jawzi in al-Mawdoo'aat (2/277), via Amr ibn Jumay from Juwaybir from al-Dahhaak from al-Nazzaal ibn Sabrah from Ali ibn Abi Taalib (may Allaah be pleased with him).

Ibn al-Jawzi said:

It is a mawdoo (fabricated) hadeeth… Amr ibn Jumay used to narrate munkar ahaadeeth from prominent people, and mawdoo ahaadeeth from sound narrators. End quote.

He was as daeef (weak) and a fabricator by many scholars, including the following:

Al-Khateeb al-Baghdaadi in Tareekh Baghdaad (12/187),
Ibn al-Qaysaraani in Dhakheerat al-Huffaaz (2/1147),
al-Sakhaawi in al-Maqaasid al-Hasanah (p. 31),
al-Shawkaani in al-Fawaa'id al-Majmoo'ah (p. 139),
al-San'aani and al-'Ajlooni in Kashf al-Khafa' (1/361),
and al-Albaani in al-Silsilah al-Da'eefah (1/278, hadeeth no. 147).

The fact that the hadeeth is daeef does not mean that divorce is permissible and is not disliked by Allaah.

Rather divorce is disliked by Allaah, and is not permissible except when there is a need for it. A man does not have the right to divorce his wife for no good reason that makes it permissible.

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:

The basic principle concerning divorce is that it is forbidden, and it is only permitted as much as is necessary. End quote.

Majmoo al-Fataawa, 33/81.

Shaykh Ibn Uthaymeen (may Allaah have mercy on him) said:

The basic principle concerning divorce is that it is makrooh, and the evidence for that is the verse in which Allaah says concerning those who swore not to have intercourse with their wives for four months (interpretation of the meaning):

"Those who take an oath not to have sexual relation with their wives must wait for four months, then if they return (change their idea in this period), verily, Allaah is Oft-Forgiving, Most Merciful.

227. And if they decide upon divorce, then Allaah is All-Hearer, All-Knower"
[al-Baqarah 2:226-227]

This (the phrase "then Allaah is All-Hearer, All-Knower") is a kind of warning, whereas in the case of taking back the wife, Allaah says, "verily, Allaah is Oft-Forgiving, Most Merciful".

This indicates that divorce is not liked by Allaah, and that the basic principle is that divorce is makrooh. End quote.

Al-Sharh al-Mumti, 10/428

And Allaah knows best. W265EPH27QJZ


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