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