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Fatwa CenterAsking for Khul‘ because husband practices heretical innovations
Question
Aslamu alykum warahmtullahi wabarktu. I have been married 2 years now , my husband haven't been with me all that because of papers and passport, he didnt provied for us , he used to send sometimes. So we decided to move together this summer to Muslim country. When we moved here he changed his prayer way from sunnah to Bidah (heretical innovation) beacuse of his family, he does not do Ibaada with me at all and it is hard to wake him up for salah. Somtimes he does not have money to give me basic needs, I am not happy with our husband and wife relationship at the room. I am worried for my child too, I have seen when he plays with our child that his manhood rises up. Can I ask for Khula and how is it done and does it have to be witness there? Pls answer me.
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.
And if your husband mistreats and harms you like if he deserts you in bed or does not provide for you without an excuse, then you have the right to refer the case to the Muslim judge in an Islamic court so that he would relieve you from his harm or oblige him to divorce you. You also have the right to ask for Khul‘ by offering your husband a compensation; please refer to Fatwa 131953.
The Khul‘ takes effect by mutual consent (offer and acceptance) between you and your husband; like if he says: “I offer you Khul’ for such-and-such compensation” and you answer: “I accept”, or if you say to him: “Give me Khul’ for such-and-such compensation” or the like and he answers: “I have given you Khul‘” or the like. The presence of witnesses is not required for the validity of the Khul‘.
If your husband refused to give you Khul‘ and remaining married to him harms you, then you have the right to refer the case to the Islamic court, if available, or what serves as its substitute like the Islamic Centers.
Allaah Knows best.
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