His wife wants to take Khul’ without letting him see his daughter

21-6-2012 | IslamWeb

Question:

Respected Scholar, This further to my question ref:-2357206, As my case in Islamic Court, I had issued Khula with conditions that 3 hours custody and weekly meeting with my daughter. But my wife & in laws are not agree over that? I am stick to my conditions. If we both (me & wife) are stubborn to the said situation. Apparently my question, Qazi Sb. may go for nullify the marriage (Faske Nikah) as the purpose of marriage is not being taking place for 8 months? In the above situation, what should I do in light of Islam? Jazakallah Khair

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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.

You have already sent to us many questions about your issue and we have responded to you with what is in conformity with the rulings of the Sharee’ah in our view.

Since your case is presented to an Islamic judge, then answering it in a Fatwa would be of no avail. If the judge issues his ruling, you should agree and accept it. In principle, the ruling of a just knowledgeable judge cannot be rejected unless there is a valid reason as mentioned by the scholars.

Based on this, if there is a ground for appeal, then one may take the case to a higher court so that it would reconsider the ruling. Moreover, if the issue is a matter of Ijtihaad (a juristic opinion on matters which are not specified in the Quran and the Sunnah), then the judge rules according to what he believes to be the preponderant and correct view. For more benefit, please refer to Fatwa 89707.

Allaah Knows best.