a close friend is in a sticky situaton she is not getting on with her hubby n has recently left his home. the very next day she called a Mullah and sent her hubby a Qullah later on that evening.
Is it possible for a Muslim woman to ask her husband for a divorce if so what are the conditions if any?and what is a Qullah?
If she can is she entitled to her haq meher?
would appreciate the help
Re: Women and Divorce
Its khula i think and yes of course she is, if you have right to khula included in your nikanama it becomes easier to get divorced.
Re: Women and Divorce
khula can be addressed through a court (that is a court that ius entitled to address this issue such as Shariat court of Pakistan)
Based on evidence(s), court has to decide whether separation is inevitable or not...
However, keep in mind that a Khula nullifies the right of HAQ MEHR...
Re: Women and Divorce
and that is why I am against women having the right to khula. They are too emotional and do not really understand what it actually means. This is an extreme step and should never be taken when one is angry.
Re: Women and Divorce
^ You have to keep the right available, ashtray. I understand some women can make rash decisions, as men do as well at times.
But what if your mother was getting brutally beat up by your father, and he was forcing her to work and then taking her money and gambling it off and boozing every night...and refused to give her a divorce, in his own self-interest?
You'll be pretty amazed at how often things like that happen.
Islam has given a woman the right to not be in a marriage she doesn't want to be in, and for good reason too. If a woman abuses that, then she's answerable to God. But you can't remove the avenue just because someone might take a wrong turn on it because they're dumb.
Re: Women and Divorce
^ i do agree with you on this one. saying women are too emotional and shouldnt be given the right to divorce is a little more than condescending. i have heard of men giving divorce on as little as pankha q nahi chalati? summer time divorce rate shoots to heavens in pakistan.
Re: Women and Divorce
Ashtray, I think that you are confusing "women having a right of Talaq" to Khula. In NikahNama, husband can sign that his wife has a right to give (not ask for) Talaq.
She always has Khula's right by default. Nobody gives that to her. It was given to her by Allah
I think that in either case, it means one talaq so they can always reunite before iddat finishes or do it afterwards by redoing Nikkah
Re: Women and Divorce
I ll tell you when i have credit.
bye.
Re: Women and Divorce
As others have already explained that khula is right of woman in islam, for separation from husband ( on-demand divorce) women has to surrender her haq meher in this case.
Islamically, there are no condition for asking for khula, It is enough if simply she is not happy with him or does not like him. the responsibility of children still remains on husband. If he gives divorce then he has to pay her the total haq meher , keep her in his house during iddat and also he can not demand whatever gifts he may have given to his wife during marraige.
In Pakistan, the Nikkah Form is very precise, simple and very well crafted document :k: I admire those who drafted it and implimented it through law.
Sameway, I hope some wise people also compose islamic Talaq (divorce) Form too according to quranic guidlines and give it legal status and declare oral talaqs illegal (just like oral nikah has no legal status in pakistan).
It bet it would be damn simple and It would simplify the lives of millions of muslims in the country, and it would be true service for Islam and muslims
Re: Women and Divorce
Respected Code_Red
Oral Nikah has legal standing in Pakistan. In case of conflict, you have to bring wittness to the court, who were there (as required by Shariah, also) during Nikah, and that is it.
Oral talaq is allowed in shariah and it does not require any wittness so in the court of law, if the man admits that he gave three talaq to his wife then it is considered a legal and valid talaq. There is no confusion about this issue in Pakistan
Re: Women and Divorce
TariqKhan
Oral nikah has no legal status in pakistan. You need nikah nama for all concerned legal documents, The basic need is National ID card, for which, nikah nama is a must (for married people). In pakistan you cannot operate legally if you dont have ID card.
Oral talaq has many problems attached with it, because people are ignorant and the prefer to remain ignorant regarding Islamic teaching despite having worldly knowledge. Islam encourages documentation of contracts.
[quote]
Oral talaq is allowed in shariah and it does not require any wittness so in the court of law, if the man admits that he gave three talaq to his wife then it is considered a legal and valid talaq. There is no confusion about this issue in Pakistan
[/quote]
Just like you, most of the muslim are not aware that Talaq must be given once and then there is stipulated time period of iddat. There is misconception that talaq must be pronounced three time otherwise it does not take place. This is not the case.
Quran commands muslim that once anyone decides about talaq then he should give talaq and wait for 3 menestrual cycles during which both live together in same house, and if they mutually reconcile on the differences then they should live together other wise they are free and separeted. they are both free to marry anyone they like, even re-marry eachother again. Husband has to pay the haq mehr to wife and provide financial support to children.
^^ this is the complete quranic procedure of talaq (divorce)
Re: Women and Divorce
The nikah nama in pakistan is a simple form and complete set contains 4 copies of the same form which need to be filled, signed, stamped and given to Husband, Wife , Nikah regestrar, and union counsil each.
The talaq form should also be drafted on same pattern
Re: Women and Divorce
Code_Red
I agree that Nikah Nama is the legal document and is the requirement of Govt. of Pakistan. I was saying that Shariah does not require documentation and in Pakistan, you can use Nikah form to register yourself after you are done with islamic nikkah (even days after).
About Talaq, 3 talaq (3 in one time or once/time @ 3 different times) is final Talaq where there is no coming back (with in or after iddat). 1 talaq at a time (unless its the 3rd time one is doing it) has room for husband and wife to get back together.
BTW, this is Hanafi belief, if one is Ahl-e-Hadees or Shia maslak, then its different (I think).
I know the rules of Talaq (according to Hanafi's) very well. We just had one in our family. And I wish upon everyone that no one has to learn these rules cause they never needed that
Re: Women and Divorce
TariqKhan
Oral nikah has no legal status in pakistan. You need nikah nama for all concerned legal documents, The basic need is National ID card, for which, nikah nama is a must (for married people). In pakistan you cannot operate legally if you dont have ID card. Well said, Code red. Nobody in their right mind, would let their daughter get married to a man, without proper documentation. Its absurd in these times. And when things turn into bad, an oral nikah stands very weak..... In case of talaq proces. There is no safety for a woman to enter such an agreement. Times changes, imaan changes and evetually the heart and its former decisions....
Oral talaq has many problems attached with it, because people are ignorant and the prefer to remain ignorant regarding Islamic teaching despite having worldly knowledge. Islam encourages documentation of contracts. amen!
Just like you, most of the muslim are not aware that Talaq must be given once and then there is stipulated time period of iddat. There is misconception that talaq must be pronounced three time otherwise it does not take place. This is not the case.
Quran commands muslim that once anyone decides about talaq then he should give talaq and wait for 3 menestrual cycles during which both live together in same house, and if they mutually reconcile on the differences then they should live together other wise they are free and separeted. they are both free to marry anyone they like, even re-marry eachother again. Husband has to pay the haq mehr to wife and provide financial support to children.
^^ this is the complete quranic procedure of talaq (divorce)
Yes, since talaq is a serious decision, it must be repeated, with it calls for witness too. Starting the talaq proces and seperation.... its a good way to stay apart and think it over.... After 3 months, the maulvi will call the parties again....to know they intent. They can chose to give it another try or simply finalize the talaq.
But there are catchy things:
Some men, they hide and refuse to deal with talaq issue, and neither keeping or maintainning the wife. In some ugly cases, they live with gori ladies or have remarried.....
Some clerics say the niqah is void, when hubby doesnt provide nor have intemacy with wife....six months is automatic talaq. Depending on school of thoughts.:D
Re: Women and Divorce
a close friend is in a sticky situaton she is not getting on with her hubby n has recently left his home. the very next day she called a Mullah and sent her hubby a Qullah later on that evening. Is it possible for a Muslim woman to ask her husband for a divorce if so what are the conditions if any?and what is a Qullah? If she can is she entitled to her haq meher? would appreciate the help
Either you ARE mindless and uneducated or think that others who read your post are............!!!!!!!!!!!!!
Yoy have LIMITED knowledge of Islam and its rules so why should anyone tells you the answer.??????
Please read about "Khulaah" which you wrote as Qullah :) .........before posting uneducated, ill-informed and malicious questions.
Let me tell you folks.......people who have very limited knowledge of Islam deliberately put forward silly questions and are not even ashamed of it.........!!!!!!!!!!!!!!!!
Deedawar - All of us here have very limited knowledge of Islam, that is why we ask question and try to increase it through polite and humble discussion. If you think that you are born with the gift, then ...
Declare Prophethood or shut up ! Arrogance is not an appreciated trait here - Code Red
Re: Women and Divorce
^what is wrong with your manners?
Re: Women and Divorce
Deedavar; i gurantee you that sweetu asked a genuine question to ***INCREASE ***her knowledge in ISLAM, and am sure that this question wasnt to start a discussion, all she asked for is an answer which she doesnt know.
and like you CLAIMED that she has limited knowledge, so you tell me how are you supposed to increase your knowledge about islam if you dont ask questions about it.
Ps. in ISLAM as you seem to know what is limited knowledge and what is sufficient knowledge tell me, Doesnt Islam teach Manners to speak to peopl 
and since it seems that you have more knowledge than sweetu, do express yourself and tell us, what is the answer to this question.
Thank you 
Re: Women and Divorce
sweetu - you might find this threadinteresting and helpful regarding your query 
I agree it is not a sharriah requirement. Same way Birth certificate and NIC also not a shariah requirement, but Islamic states made it compulsary for the convenience of general public and to streamline record keeping. I am suggesting Talaq nama for the same reasons as well.
You are right about no comming back after 3 talaqs.. but 3 talaqs at once is not a possible scenario. Because according to quran a talaq is accompanied by an iddat ( time for spouses to stay together
, during which they can reconsider options ) and talaq is not complete without iddat. Iddat is a must, For Islamic way of divorce. So to complete the legal Islamic 3 talaqs one has to 3 iddats in between. For reference see verse number 227, 228,229, 230 and 231 of chapter 2 (sura baqra) Also see Sura Talaq. The whole procedure is elaborated in simplest manner
So by introduction of Talaq nama ,the date of talaq would be mentioned as well the estimated time period of iddat along with major details like haq mehr as per nikah nama ( copy of nikah nama would also be attached as reference). After the completion of iddat payment of meher the talaq is complete. the copy of this form should kept with union counsil, nikah registerar and both parties for furture reference and can be used during any dispute. Also it would end the menace of tripple talaq at a time, once and for all.
Re: Women and Divorce
.. but 3 talaqs at once is not a possible scenario. Because according to quran a talaq is accompanied by an iddat ( time for spouses to stay together , during which they can reconsider options ) and talaq is not complete without iddat. Iddat is a must, For Islamic way of divorce. So to complete the legal Islamic 3 talaqs one has to 3 iddats in between.
Now here we are comparing Hanafi maslak with Salafi/Ahl-e-hadees belief system. Hanafi Ulema believe that it is not desireable but possible to give 3 talaq's at the same time.
I dont think the I should go into that discussion about which school of thought is right.
But I agree with your point of view on the need of a Form. Very good points
Re: Women and Divorce
Thanks Bob.
I might have been a little harsh in my post but I see it becoming a routine that no leg work is performed by the people who ask questions and they make it look like the question they pose is the first time ever and no no answer to their question has been in the past. The poster did not even know what to call the scenario…meaning no effort whatsoever was done prior to posting the question. No arrogance here but mere addressing the obvious.
Coming to the question:
Khula (divorce from husband) is allowed in Islam.
The ground for divorce requested by the woman is allowed on the basis of
a- Husband is physically abusive.
b- Huband is not able to procreat.
c-Husband is obviously mentally sick.
Off course there could be other reasons but negotiations are encouraged.