Can a Qazi or Husband reject a woman’s khul‘ (divorce) request?
Huzoor-e-Anwaraa, in his letter dated 7 March 2023, offered the following guidance regarding this query:
“A woman possesses the right to khul‘ in the very same manner as a man holds the right to divorce. The sole distinction lies in the fact that a woman exercises this right through a court of law or the Qaza system. The Promised Messiahas states in this regard:
“‘The Islamic sharia does not vest this prerogative in the hands of the husband alone, such that if he perceives any flaw or incompatibility, he may pronounce talaq upon his wife. Rather, it also endows the woman with the entitlement to obtain a divorce through the judicial authority. When a woman obtains a divorce by recourse to the authorities, this is denominated in Islamic terminology as khul‘.’ (Chashma-e-Ma‘rifat, Ruhani Khazain, Vol. 23, p. 288)
“The court or Qaza can strive to bring about reconciliation between the parties to a certain degree. In furtherance of this endeavour, the appointment of two arbiters [hakamayn] between them is also prescribed. (Surah an-Nisa’, Ch.4: V.36) However, even after these reconciliation efforts, if a woman remains adamant on seeking khul‘ and offers no justification, the qazi still does not possess the authority to reject her khul‘ application. The Qaza is obligated to process her request. Nevertheless, if she provides no reason for seeking khul‘ nor can she substantiate any fault on her husband’s part for this khul‘, then in such a situation, she would have to relinquish her rights, such as her mahr and so on.
“As for conjugal relations between husband and wife after the woman has filed for khul‘, they remain husband and wife until the qazi decides on the woman’s request and any marital relations that take place during that period are deemed permissible.
“Concerning the Islamic directive that spouses should maintain a shared residence during the ‘iddah period following a talaq (Surah at-Talaq, Ch.65: V.2), the underlying wisdom is the possibility of fostering reconciliation between them. Guided by this Quranic teaching, Hazrat Musleh-e-Maudra also instructed that a woman petitioning for khul‘ should do so while in her husband’s home, unless that presents a danger to her life or her faith. In such circumstances and with the Qaza’s authorisation, the woman may pursue khul’ from outside her husband’s home. (Al Fazl, Qadian, No. 177, Vol. 30, 1 August 1942, p. 2)
“In response to the second part of your question, please note that Islam has taught its followers to treat their wives with kindness. Thus, those who oppress their wives and treat them like slaves are in the wrong and are deemed sinful in the sight of Allah the Almighty. Islam has clearly enjoined fair and benevolent treatment of women. Hence, it has been commanded:
عَاشِرُوهُنَّ بِالْمَعْرُوفِ
“‘Consort with them in kindness.’ (Surah an-Nisa’, Ch.4: V.20)
“Moreover, the Holy Prophetsa, while exhorting good treatment of wives, instructed the Ummah that the best among you is the one who is best to his wife. (Sunan at-Tirmidhi, Kitab al-manaqib, Bab fadli azwajin-nabiyyisa)
“The Promised Messiahas states in this regard:
“‘With the exception of indecency, you ought to bear with patience all the other improprieties and discourteous behaviour of your wives. […] I find it utterly shameful for a man to be in a state of conflict with a woman. God has made us men, and in reality, this is a completion of His favour upon us. The gratitude that we owe for this is to treat women with kindness and tenderness.’ (Al Hakam, No. 2, Vol. 4, 17 January 1900, p. 3)”
[Al Hakam – Answers to Everyday Issues – Part 81]