Message No : 25Sr.No : 1474/724
Question By : Asim

Assalamualaikum Mufti Saab. Please explain the process to get a Khula in Islam. Do also explain the condition to take this step and what happens to jewellery given to Bride and dowry given to Groom. Please explain above in case if the marriage has been for 12yrs and for 8yrs there has been no communication between husband and wife. Appreciate your guidance in the light of QURAN AND HADITH in the case. JAZAKHALLAH.

 

Reply By : (Mufti) Jaseemuddin Qasmi
Designation : Coordinator Online Darul Ifta, Markazul Maarif, Mumbai 

In the name of Allah the most gracious the most merciful
In Islam nikah is an auspicious deed and worship. Without any reasonable reason to break this tie is very condemnable act in Shariah and that is why, a hadith tells that Arsh shakes up by talaq and another hadith says the woman who seeks Khula is munafiqa (hypocrite) [Mishkat-284].Nevertheless, if there is no way to lead life ahead because of differences between them, it is permitted in Shariah to settle the matter by khula, so that they would be safe from committing sins and crossing the boundary of Allah. [The Quran 2/229]
However, the way of Khula in Islam is that wife would get separation by returning the amount of Maher. Wife would say ? want khula in return of Muher?then the husband would answer saying ? gave you khula?Now khula is done. Khula results into Talq-e bain, that means the husband would not have right to take nikah or khula back (can? do Raj?). If ever in the life they agreed to live together they will have to renew the nikah.
And the woman owns all the belongings which her father gave her at the time of her marriage in the name of jahez of dowry [Raddulmuhtar 3/158]. So, so after talaq or khula, it is wajib for husband or his household to return her all the belongings which are reaming. Nevertheless, they are not responsible to return the belongings which are wasted because they are used with her permission [Khulasatul Fatawa 3/32]
Husband should not take back the jewelry which he has given to her as gift. [Surah Nisa -20]
Living separate for 8 or 12 years with no commutation, is not talaq.

And Allah knows the best

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