One of my good friends in school is a Muslim. Her father has four wives..and this girl has like close to 30 siblings. Her father’s business isn’t doing so hot right now..so they are not very well off at this point. So..money is an issue. Anyways..one of her sister’s is facing a major problem. The man who she is married to..beats her..insults her..and is threating to take on another wife. This sister mainly wants to get out of this marriage..because of the beatings and mental abuse. However..this man will not give her a divorce. So..I suggested..why not evoke ‘khula’? That’s where the wife seeks a divorce. My friends like..“yeah..but she will have to give back her dowry money in order to settle that” the problem is..the girls family right now..is not well off enough to settle the khula..and this girl..cannot afford to pay it also..because she used the dowry money for something or the other. Im not sure if I’m understanding all this correctly..because I was under the impression..that if a woman had proof of the mistreatment..then a court could grant her the divorce..just like that. Do you guys know of the Islamic rulings on an issue such as this one?
of course if she can provide an evedance that he is beating her she can get Talaq directly ........
according to the fiqhi rule:no harm delivered, no harm recieved
لا ضرر ولا ضرار
it is not islam who protects such doings
a very famous case in a pakistani court, some time back, in similar situation did put the "talaaq" in effect rather than "khulaa"....
the woman can take it to the court, she wud most probably have it ruled in her favor....
but if the reason is only that she does not want her husband to take a secodn wife, she might have to return the dowry....
I thought dowry money was a gift from husband given after marriage and if the wife asks for divorce or whatever, the husband has nothing to do with that money.
the fiqhi rule says:
البينة على من ادعى واليمين على من أنكر
albyenah ala man eda’a wal ymeen ala man ankar
==the evedence is a must for whom who is claiming and the oath is a must for whom who is denying
so she provides an evedance(or witness as abu abdullah stayted-jazah Allah khai-) if not the husband should “SWEAR” that he did not…
and Allah yakon fe awneha
and I beg to Allah to help her…
So, with evidence..she can prove it and recieve the talaq? Well..I heard..she definitely has the bruises to prove it. Her witnesses Im guessing would either be her family..or neighbors. It's just a very messy situation..and her parents are of no help because they have so much on their hands. She doesn't want a divorce because of the second wife ...its only because of the treatment.
If the husband or a judge grants a divorce (talaq) then the husband has nothing to do with the money.
In Islam, the wife cannot grant a divorce, but she can grant an annulment through returning the dowry gift. If she returns it, the marriage is ended and the husband doesn’t have any right of appeal against it.
In Pakistan, this means that husbands try and get courts to annul the marriage, and women try and get courts to pronounce a divorce.
The Islamic system is basically designed to financially penalise the person who unilaterally ends a marriage, and instead encourages judicial arbitration.
If a man divorces his wife, he loses the dowry. If the marriage is annulled by a court he gets it back.
If a woman annuls her marriage to her husband, she loses the dowry. If a court grants a divorce then she gets to keep the dowry.
no, the traditional unIslamic jaheiz cannot be taken back through a legal court of a shariah court....
what the shariah allows for is the MEHAR....
if no sex took place, the husband gives only half of the fixed dowry....
if the husband gives talaaq, he cannot ask for anything....
if the wife asks for khulaa, she has to return all of the dowry (mehar) given to her....
Under Islamic law, a woman cannot unilaterally end her marriage through divorce. A divorce can only be granted by the husband, or by a judge. A divorce entitles the woman to keep all of the Maher with no strings attached.
However, the woman is not entirely powerless to get out of a marriage. She can, at any time, without having to justify it, simply return the maher and demand khula. This will end the marriage, but she must return the Maher. Alternatively (and I say this only because I saw this in a documentary on a divorce case in Pakistan) the husband can petition a judge to declare the marriage to be annulled, forcing the wife to return the maher.
Simply put, without going to court, spouses in Islam have the following options to immediately end their marriage without justifying it to anyone.
For husbands: They can declare talaq (divorce), in which case the ex-wife keeps all of the Maher For wives: They can demand khulaa (annulment), in which case the ex-wife returns the Maher and the marriage immediately ends
Obviously, both these options put the party unilaterally terminating the marriage in financial loss.
To end a marriage without loss, the options are: For wives: Bring a court case requesting divorce. The judge can declare a divorce and thus enable the wife to keep the Maher For husbands : Try and get the court to declare the marriage was null and void. Through an annulment the husband is entitled to the return of the Maher. This is very difficult to achieve since a reason must be given as to the legal grounds why the marriage is not valid.
Well...I hope she takes this thing to court. I think the underlying problem here is money. She doesn't have money to pay court fees..and she doesn't have money to pay him back the dowry money and whatever he gave her. It would be easier if he just gave her a divorce..but hes refusing that too..just to be a jerk im guessing? I guess we could just pray for her..inshAllah.
Okay but waht if she doesnt have any meher left? like she used up all of it (if itw as money)? Or what if he didnt' give it to her to begin with (cases where ppl pressure her to give it up)?
This right is given to a wife to get a divirce through a judge (qadhi) if any of the following problems occur:
i) The husband failed to provide maintanence.
ii) The husband abused the wife by the following ways: a) physically and mentally torturing her. b) preventing her from following her religion c) Being unfair to her (in case of polygamy)
iii) The husband was impotent or mentally ill; not known before marriage.
v) The husband married her without her consent
2) Khulu' : which has already been described (where you have to give your dowry back
Basically, Khulu is the law the wife can invoke if she wants a divorce but is not able to do so by way of Fasakh
Khulu is the the islamic equivalnent of no-fault divorce
Okay, so if a woman wants out but does not have those means for a khula, then she can do a fasakh? Does she have to give back her dowry in the first way?
fasakh can only be done if the abovementioned conditions are met, in which case the dowry doesnt have to returned.
If she just wants a divorce and cannot cite any of the above mentioned conditions as reasons for a divorce, then she can have the Qadhi grant one under Khulu', in which casse, yes, she will have to give back the dowry.
ALright but what if she never got dowry to begin with (maybe a diff topic n0w). I’ve heard of cases where women r pressured to not accept any meher (but of course, they are expected to give give give jahez ).. is there any Islamic ruling on it that he MUST no matter what? Or other ppl hav a right to get her to not accept it?
Shariah decrees that husband must give wife Meher (compulsory). Moreover, it will be an amount that will be set by the wife. Wife has no obligation to give the husband any dowry.
Ohhhhh ok, that makes sense what dope put up... I was going to say that in cases of abuse, I don't understand how some of these rules are coming into place. I don't know - but does Pakistan have laws that are based on "fasakh" type divorce? I think I have heard of girls getting Khulaa when there has been abuse, but that would be putting the female at undue disadvantage. If she's abused, she keeps her maher after divorce, I thought.
Alternatively (and I say this only because I saw this in a documentary on a divorce case in Pakistan) the husband can petition a judge to declare the marriage to be annulled, forcing the wife to return the maher.
This is in Pakistan, but is this Islamically OK?
Islamically, can a man ask for a khulaa? According to what dope posted, it seems only a female can.
).. is there any Islamic ruling on it that he MUST no matter what? Or other ppl hav a right to get her to not accept it?