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Fatwa CenterYou are obliged to obey your husband until divorce takes effect
Question
Assalamu alekum wa rahmatullahi wa barakatahu. I previously asked a question and got your reply titled, "Seclusion has same legal status as consummation of marriage". JazakAllah alkhair for that detailed reply. Need to tell you that I left my teaching job on my husband's order. I taught 8 year old kids in an Islamic school and alhamdolillah observe hijab and face veil, may Allah accept my efforts and forgive my sins ameen. My father and brother are in great financial crisis. They have taken heavy loans from their friends. I know the valid reasons for taking khula. Since I have filed for khula, I dont contact my husband and cannot ask him to support me financially. My father and brother are trying hard their very best to earn a halal living. Please tell me if I can start my same job because I need to bear my expenses and want to help my family, though my husband didnot permit me after nikah. Or shall I ask my husband to give me such permission because now the financial situation is quite stressful. My paternal grand father is suffering from failure of one lung, is now bed-ridden and my father, uncles and aunties are all trying hard to bear the expenses of medicines and doctors. I dont know if my husband will still allow me or not for the job. I am still in his nikah and he has not yet given me khula. I also read that woman in her iddah of khula can earn in halal ways. Please pray for me and my husband and our families to be blessed with success and happiness in this world and hereafter,ameen. JazakAllah alkhair
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.
If the case is as highlighted in the question and you are still married to your husband, you are obliged to obey him as long as it does not involve disobedience to Allaah. Hence, you are not allowed to work without the consent of your husband. However, if he does not fulfill his duty in providing for you, it is permissible for you to work without his permission, according to Muslim jurists. The Shaafi‘i scholar Zakariyya Al-Ansaari 
wrote (in Asna Al-Mataalib), “When a wife leaves her house without her husband's consent, she is considered Naashiz (recalcitrant). However, if she leaves the house in order to refer her case to the judge and to complain that her husband does not support her .... or in order to work because he does not provide for her (i.e. it is not considered recalcitrance on her part in these two cases).”
In fact, the reason you have mentioned that your father and brother are having financial straits is not a valid excuse for you to work without the consent of your husband. The same applies to your grandfather’s illness. Hence, there is no harm in seeking the permission of your husband and trying to convince him to allow you to work.
It should be noted that Khul’ does not take effect by merely referring the case to the court unless the judge has issued it. Also, a valid Khul’ does not require (the ruling of) the judge; it can take place by the mere mutual consent of the spouses. However, the formula of Khul’ is a condition for its validity. The Hanbali scholar Al-Buhooti wrote, “The formula of Khul’ is essential in all forms of Khul’. A husband may say, ‘I give you Khul’’ … ‘I hereby dissolve this marriage with you for such-and-such compensation' ...’, or 'I annul the marriage with you for such-and-such compensation', and the wife answers, ‘I accept,’ for example, and thus the Khul’ takes effect. The same applies when she says to him, ‘Give me Khul’, ‘Divorce me,’ or the like and he responds saying, ‘I give you Khul’,’ or the like. These are explicit formulas of Khul’. Implicit formulas of Khul’, like ‘I relieve you’, or ‘I am separated from you’, may be used as well. Also, a third party may request the husband saying, ‘Give her Khul’,’ or ‘Divorce her,’ in return for one thousand (Dirhams) or the like and the latter responds to the request.” [Kash-shaaf Al-Qinaa‘]
For further information on the laws of Khul’, please refer to Fatwa 89039.
If Khul’ takes effect, it is considered an irrevocable divorce. In this case, the divorced wife is not entitled to financial support or accommodation unless she is pregnant, according to the most evident opinion of the Muslim jurists. If the divorced wife needs to work during her ‘Iddah, she may do so on condition that she spends the night in her house.
Allaah Knows best.
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