Abdur Rahman ibn Yusuf Mangera – Q&A What is Khula’ and Its Procedure

One of the first questions we have here is can you speak about

women's divorce Hola, from a Hanafy perspective or directly to

a website that we can find reliable information.

Essentially, what hola is, is that when a woman feels that she's got

grown to ask for a divorce,

because maybe her husband is not giving her her rights generally,

generally, the reason the valid reasons for why you can have a

HELOC is where the husband is not fulfilling the obligations of

marriage. So some of the fundamental obligations of

marriage is that he's not providing you a place to stay

properly. Right?

He's not providing the place that he's supposed to provide you which

which means, you know, like an apartment, at least without any

other interference, and you're on amenities and so on. Another one

is your food, clothing, etc, the basic expenses that you would need

to be with him as a wife that needs to be provided, if that's

not provided, that's a fundamental problem within marriage. Right?

And then there's other contentions. Right? There would

be, for example, that he may, what do you call it? So anyway, for

these what what what that means is that you wait, you don't have to

go anywhere. First, what you would say to the husband is that I want

out of this marriage, if it's irreconcilable, and it's just not

going to work. Right. So then you say, I want to be out of this

marriage. So there's a Sahaba,

who said to the Prophet sallallahu alayhi wa sallam that I've

actually got no complaints about my husband

in his Deen. He's a wonderful person. He is Dean, I got no

complaints about him as a person in his Deen. But

in the Accra Hall, COFRA, Phil Islam, I dislike ingratitude in

Islam. So the cover here means ingratitude not not being

thankful. What that means is that what we interpret from this is

that she didn't love him. She didn't. She couldn't be with him,

though she had no complaints about right, she had no complaints about

him, or she just didn't have any love for him. And she felt that

the respect that was needed in Islam for your husband and the

respect and honor and love, it wasn't there. So it's not going to

work. So that's what she said to the Prophet sallahu Salam, that I

don't want to have the shortcoming in my faith, and to end up doing

something which is wrong. So the prophets, Allah Islam says she's

asking, the Prophet saw some made this into a whole situation. What

he asked her is that, are you willing to give him back the

orchard that he gave you? Maybe for Maha, most likely? And she

said, Yes. So he said to the husband, he says, you know, you

can take that as a as an option, he gave that as an option that,

you know, you can take that and then give her a divorce. And that

was agreed. So that is where a whole lot, you don't even have to

go to somebody, if your husband is willing to negotiate that with

you, you can say, Look, I'll give you your mother, your marriage

dowry back, or I'll give you X, Y and Zed this amount, right? If

that's going to help him, if that's going to help him to give

you a divorce, because some husbands are just stubborn, even

they know that the whole thing is on the rocks, and it's not gonna

work out, they refuse to give a divorce out of oppression. And

that's wrong. So in that case, then your husband is not going to

give you a whole lot directly. So in that case, then what you have

to do in this country, for example, is that you go to a what

they call an Sharia arbitrary arbitration panel. They generally

refer to it as a Sharia court, but it's not really a court because it

doesn't have any, it doesn't have any imposition of power, right?

It's a, it's a Sharia arbitration panel where they have maybe a few

other Matthew scholars, and you put your case to them, and they

will look at and see if you've got a valid reason for divorce, for

seeking the divorce. And then they will ask him to see if he can make

any changes or whatever, they'll look at the history. And if they

feel that you have grounds, then then they will do some different

courts work in different ways. But sometimes they will actually have

the husband sometimes consign an option of a divorce to the court

that if they make them the arbitrator, get him to sign

something to say that, okay, if we feel after listening to you both,

and after trying our best, that is not going to work that we can

issue the divorce on your behalf. So he gives that advanced a

divorce option to them. That's one way. Some sevens are very, some

husbands are very stubborn, they won't do that, because they know

that they just want to oppress, that's what they're trying to do

trying to punish the wife, right? The angry husband syndrome, I

would probably call that. So in that case, or the oppressive

husband syndrome, maybe maybe we can make that word up. So anyway,

in that case, what the court in some conditions can do then is to

dissolve the marriage themselves, what they call a first Clinica

Nica without you know, and not be a divorce from the husband be a

first can be a dissolution of the marriage, then the wife is

is able to then marry somebody else. So that's basically what the

hula is all about. Generally speaking, of course, if you've got

a husband who will just say, Okay, fine.

You know, we will separate on a miserable basis, that's fine. Or

if you can get other family members in, and they can pressure

him because it's just not working out, they can pressure him, then

that's fine and you've tried your best. The last resort is that you

have to go to a Sharia panel. Right. We have, you know, we have

some in this country. So that's basically what this is all about,

in terms of what are the grounds for asking for what I mentioned,

some of them, obviously, there are a lot more complicated issues, but

that all depends on what the issue is, and the particular court will

be able to determine that when you put your case to them in Sharla