Khula (Separation by Compensation)

QUESTION 

Most Respected And Honorable Taajush Shari'ah Hadrat Allama Mufti Mohammed Akhtar Raza Khan Qaaderi Azhari Qibla 

As Salaamu Alaikum 

All Praise due to Almighty Allah, Peace and Salutations upon the Most Perfect, Exalted and Glorified of creation, Sayyiduna Rasoolullah (sallal laahu alaihi wasallam). 

I pray that Hadrat be in good health on receiving this fax. I humbly request Hadrat to remember this humble servant in his Du'as. Huzoor! The following Islamic queries are being presented to your honorable self for the Islamic verdicts. 

A girl has been living separate from her husband for almost two years. She left his home and went to her parent?s home, because he was not treating her well. Her condition was so serious on return to her parent?s home, that she needed psychiatric treatment. She now does not wish to be in his Nikah any longer, as she is afraid of living with him. She has thus requested him to give her Talaaq, which he refuses to do. She has now asked him if he would agree to some sort of arrangement where he may give her Talaaq. On this request, he has agreed to Khula if her family pays him an amount of more than One Hundred Thousand U.S. Dollars, which he claims its for honeymoon, marriage, and loss of business expenses. It must also be noted that when he married, he claimed to be a Sunni, but it was later established that he associated with non-Sunni?s and even prays Salaah behind them. 

1.1 Is it permissible for him to demand such a huge amount for the reasons he has presented? 

1.2 What is the proper method of Khula? 

1.3 Is there any other way to dissolve this marriage since the husband is arrogant and will not give Talaaq? 

Moulana Muhammed Afthab Cassim

Harare

Zimbabwe 

24 July 2000‏

ANSWER 

In response to your questions:

Answer to 1.1, 1.2, 1.3: 

It is not permissible to demand the mentioned sum for honeymoon, marriage and loss of business. It is totally Haraam to force the girl to pay the said amount. However if she forcibly pays this money to get rid of the oppressive husband, in this case the girl is not liable for this unavoidable payment and the husband is a sinner and it is necessary for him to give the divorce. 

However, if this agreement takes place one ?Talaaq Baa?in? should be occurring on the girl, provided that he must say ?I gave you Talaaq? or ?I made Khula on condition that you must pay the said amount to me?, but there is a considerable matter that has been mentioned in the question, i.e. he has associated with non-Sunnis and even prays the Salaah behind them. 

If this is true, then there is no longer Nikah between the girl and the boy. If he has wrong tenets and false beliefs like Wahabis and he used to perform Namaaz behind the Wahabis knowingly, considering them as Muslims, in this case the girl has got legitimacy to make Nikah with any other person she likes. 

Mohammad Akhtar Raza Khan Qadiri Azhari

31 July 2000