Questions and AnswersCategory: QuestionsSharai hukm / guidance
Muhammad Raza asked 2 weeks ago

Assalam Aleykum
I want guidance on the fatwa as per Mujtahid Aqaye Sistani Sahab
Can a wife or her family or any outside person demand the husband to give divorce to his wife ?
And the wife has already given a verbal or written statement that she wants to discontinue the marriage?
Should the wife demand khula in this case?
Things to note
1. Husband had asked wife for hijab (proper abaya) during staying with husband but when she discontinued abaya(hijab) after she left husband’s home
2. Wife left husband’s home for 25 days without his consent and permission for 1st time.
3. Wife left husband’s home again in her stubborn attitude and she left with her sister and sister’s husband (non mehram) and its been 9 months now
4. She made bachelor’s passport and went to iraq zyarat with mother… No mehram along her and also without husband’s consent and permission.

Now wife and her family forcing husband to give divorce…
And she not taking khula
Why husband gives divorce which is unpleasant to ALLAH (SWT)
If wife has soo many problems and doing haram acts (Disrespectful and disobeying husband and discontinuing proper hijab) then why she not taking khula??
Please guide in this matter with sistani fatwa

Please share the fatwa

1 Answers
mehdi Staff answered 2 weeks ago

أعوذ بالله من الشيطان الرجيم

بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ

As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuh,

Based on your specific question and information provided.

We need to hear from both parties directly involved in the dispute. (In this case the husband and the wife).
We can only provide you with general guidance.(Not specific to your case/dispute).

From the Jurisprudence Perspective:

The relevant part of the general ruling from Sayyid Al-Sistani.

A man who divorces his wife must be of the age of legal responsibility (bāligh) and sane (ʿāqil). A man must also divorce his wife of his own freewill (ikhtiyār), and if he is compelled to divorce his wife, the divorce is invalid (bāṭil). Furthermore, he must have an intention (qaṣd) to divorce his wife; therefore, if, for example, a person says the divorce formula (ṣīghah) jokingly or while intoxicated, it is not valid.

Regarding khulʿ’ divorce.

The divorce of a wife who is not fond of her husband and has an aversion to him and gives him her dowry (mahr) or some of her other property so that he divorces her is known as a ‘khulʿ’ divorce. In a khulʿ divorce, it is a requirement that the wife’s aversion to her husband be at such a level that it is a threat to her fulfilling her marital duties.

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Regarding the issue of a husband not willing to divorce, wife has to refer the dispute to the al-hakim al-shar‘i. ( الحاكم الشّرعي). After reaching a point where there is no  option / means for reconciliation between the spouses, the al-hakim al-shar‘i  then resorts to the most detestable of the lawful acts in Islam (i.e., divorce) and executes it in accordance with the precise rules of Islamic law.

If it reaches a stage at which divorce by the religious authority is needed then no one has the authority to execute the divorce on behalf of Imam al-Mahdi (a.s) except the qualified jurist ( Marji who is the ( الحاكم الشّرعي) or his authorized representative who has been granted such power. The Marji selects some of his representatives for this function,in different parts of the world.

Since the issue of divorce is critical / sensitive and has consequences. It is prudent to take precautionary measures (ihtiyat). If you receive written official communication by any Scholar or representative of your wife, you should verify if the scholar/ Jurist  has the written authority / appointment  from the Marji to act on his behalf for divorce cases. Or you can have your case referred directly to the Marji for his decision.

والله العالم‎
(and Allah(awj) Knows best)

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