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Khula'

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(salam)

These questions are regarding an unconsummated marriage.

Is the husband allowed to ask for any amount in khula' or are there certain rules as to how much he should be paid?

If the husband and wife haven't been speaking to each other (for over 2 years) because the wife want's a divorce but the husband won't divorce her, does he still have to pay nafaqa to her? What are the consequences of not paying nafaqa to the wife in an unconsummated marriage?

If the husband does not want the wife but will not divorce her because he wants the khula' money, does this then become a normal divorce where he must pay half of the mo'akhar (the amount he agreed to pay the wife when he divorces her in the marriage contract)?

Jazakum Allah Khair.

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salaam alaikum

These questions are regarding an unconsummated marriage.

Is the husband allowed to ask for any amount in khula' or are there certain rules as to how much he should be paid?

The amount that he asks has to be reasonable to compensate for the damage done to him due to the un-reasonable breach of the contract (khul3)

because khul3 is when the reasons for requesting divorce are not good reasons from the wife

The local hakim must determine this amount and must limit the man from being un-reasonable

usually the amount is the same as the mahr and they call it Bathl which means giving up the mahr

but its not random and its not in his hand to be unreasonable and that's why the hakim is needed in disputes to put a limit to these situations.

If the husband and wife haven't been speaking to each other (for over 2 years) because the wife want's a divorce but the husband won't divorce her, does he still have to pay nafaqa to her? What are the consequences of not paying nafaqa to the wife in an unconsummated marriage?

as far as i know the only situation where the husband can stop paying nafaqah is in the situation of noshooz if am not mistaken.

If he regards this as noshooz but this is lasting too long and makes no sense because in normal situations the hakim must interfere and solve the problem

its obvious that there is a dispute but without knowing the details of the dispute the hakim will not know who is doing the noshooz whether its the husband or not

if the husband unlawfully stops nafaqah then the wife can demand the hakim to make him choose between two things, pay or divorce , if he doesn't pay he will automatically have the right to divorce him without his consent

if a husband stops nafaqah he is regarded Nashiz and the hakim has the right to divorce him if he didnt comply but remember that "paying" doesn't always mean paying money it just means he sustaining,

for example if he provides the food and shelter that's the same as if he pays enough for accommodation and food, so if its not in money it also suffices so long as the food and shelter needs are met. (basic needs)

If the husband does not want the wife but will not divorce her because he wants the khula' money, does this then become a normal divorce where he must pay half of the mo'akhar (the amount he agreed to pay the wife when he divorces her in the marriage contract)?

moakhar of the dowry has nothing to do with divorce

moakhar just means " the later" which is the part of the dowry that they agree to pay later

it is always a debt on his neck even before the divorce but the reasons people link it to divorce is because that's a point where they would depart so they have to close off the balance that they owe eachtoher and hence he has to pay the moakhar

the money that he wants is maybe the moqadam (the upfront) part of the dowry that he already paid and maybe he wants a written document to say that the wife gives up the moakhar so that after divorce he will not owe anything to her but I dont think he can request more because thats teh definition of Bathl

meaning she can only give up what she has taken and what she demands

but to pay from her pocket ???? maybe if he is proving that he was damaged in some way and that she has no good reason for leaving him he would request compensation for that damage but he cant just make up a figure from his head .

I hope it works with negotiation and i hope he doesnt become unreasonable

I was in a situation like this and the wife caused me a big damage but i didnt demand anything i just demanded from her to release the debts of the moakhar of my head and didnt keep her hanging ....

we have to use common sense , if god forbid you live the girl hanging and then due to that she falls into corruption then you might have some of the sin on your neck so following gods advice

Either good companionship or freedom with kindness (meaning divorce)

and in other versus god says " do not prevent them from marrying again"

and the example of the prophet with his wives when he gave them the choice to divorce or stay with him

salaam

Edited by alimohamad40

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(salam)

These questions are regarding an unconsummated marriage.

Is the husband allowed to ask for any amount in khula' or are there certain rules as to how much he should be paid?

If the husband and wife haven't been speaking to each other (for over 2 years) because the wife want's a divorce but the husband won't divorce her, does he still have to pay nafaqa to her? What are the consequences of not paying nafaqa to the wife in an unconsummated marriage?

If the husband does not want the wife but will not divorce her because he wants the khula' money, does this then become a normal divorce where he must pay half of the mo'akhar (the amount he agreed to pay the wife when he divorces her in the marriage contract)?

Jazakum Allah Khair.

I have heard that if the husband hasn't paid mehr to his wife, the wife can ask khula in place of Mehr. That's what I'm going to do. And if the husband kicked the wife out of the house, then he has to pay nafqa and if the wife left her husband's home herself (like myself) the husband is not responsible for nafqa, I dunno if same rule will apply if they have children. I guess he'll be responsible for the children's expenses anyway.

My husband and I haven't spoken to each other for over a year now and we are living separately, I want divorce but he doesn't want to divorce me for the sake of the mehr that he never paid me. So I'm going to ask for khula in place of Mehr. He doesn't owe me any nafqa, since he didn't kick me out and I left myself, and we don't have any children either. But I wonder if I'll need to observe any iddah (considering that I haven't been living with him for a year)!! Hmm... :donno:

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I have heard that if the husband hasn't paid mehr to his wife, the wife can ask khula in place of Mehr. That's what I'm going to do. And if the husband kicked the wife out of the house, then he has to pay nafqa and if the wife left her husband's home herself (like myself) the husband is not responsible for nafqa, I dunno if same rule will apply if they have children. I guess he'll be responsible for the children's expenses anyway. My husband and I haven't spoken to each other for over a year now and we are living separately, I want divorce but he doesn't want to divorce me for the sake of the mehr that he never paid me. So I'm going to ask for khula in place of Mehr. He doesn't owe me any nafqa, since he didn't kick me out and I left myself, and we don't have any children either. But I wonder if I'll need to observe any iddah (considering that I haven't been living with him for a year)!! Hmm... :donno:

That would really be the most sensible arrangement, if his only obstacle to divorce is not wanting to basically pay you for your chosing to leave.

In terms of iddah, unfortunately, as I understand it will only start to be counted once the divorce is formalized.

But if the divorce is timed properly, the iddah (which is the seeing of 3 periods) can be as lttle as a bit over 2 calendar months.

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