Khul’ under compulsion
25-11-2012 | IslamWeb
Question:
I married the man I love 3 years back. I did and sacrificed a lot for him. But he left me for an another married woman without fulfilling his responsibilities. Now I'm hurt and heart broken. He forced me to give him a divorce. I did what he said, but I never signed the paper. Now my parents want me to get married. But that is impossible for me. I've never thought of any other guy accept my husband. And I don't want to think. He hurt me a lot. But still I want him to understand his mistakes and get back in my life. Because he is my husband. Every day, every moment I pray to Allah to show me the right path. What Allah says for this situation? What shall I do?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
Among the rights of the wife upon her husband is that he has a good marital relationship with her, and fulfills her confirmed rights by virtue of the marriage contract. Indeed, we have already issued Fataawa 85308 and 85167 on the rights of spouses towards each other, so please refer to them. Hence, if your husband was negligent regarding any of your rights without having a sound reason, then he is sinful.
As regards Khul’, the scholars defined it as the separation of the husband from his wife in return for a compensation which he takes from her or from anyone else [like her guardian] while he utters words such as “I grant you Khul’ ” and the like. For more benefit, please refer to Fatwa 89039.
If this is what happened, and you accepted it, then Khul’ has taken place. As regards your statement ‘he forced me to give him a divorce’, then if you mean that Khul’ had taken place under moral compulsion, then this is not an impediment from it taking place unless it reaches the state of extreme compulsion which the scholars restricted to it being from someone who could execute what he says, and it is predominantly thought that he would execute what he says while there would be a great harm involved, like killing or severe beating and the like. This is the kind of compulsion that prevents the act done under compulsion from being effective.
On the other hand, Khul’ is one irrevocable divorce (with minor separation) according to the preponderant view of the jurists. When Khul’ takes place, then the husband cannot take back his wife, and she cannot go back to him except with a new contract – if this is not the third divorce. But if it were the third divorce, then she becomes divorced an irrevocable divorce (with major separation) and she is not lawful for him unless she marries another man [a valid marriage and he consummates the marriage with her and then he divorces her or dies]. For more information about the kinds of divorce, please refer to Fatwa 82541.
Based on the above, it is permissible for you to try to get back to your husband if there is a legitimate way to it. Nonetheless, if your husband does not want you any more, then you should not be attached to him, especially if he takes girlfriends as there is no good in such a husband in that case. Rather, you should supplicate Allaah to bless you with a better husband, as men are so many, and you should not refuse to remarry on the pretext that you do not want anyone except your first husband. As regards love sickness, its treatment has already been clarified in Fatwa 84544, so please refer to it.
Allaah Knows best.