Khul’ Allowance (نفقة المختلعة)

Khul’ Allowance
[نفَقَة المخْتَلِعَة]

استشارات فقهية - Fiqhi Consultations

Ibtesam Azad (Ramadan, 1442 - May, 2021)

Question (1) : Assalaamu 'Alaikum wa RaHmatullaah

A woman asked for Khula because she thinks he doesn't have much money. The husband hasn't accepted the Khula yet. She lives overseas and hasn't come to his country yet. Does he have to keep sending her money until he accepts the Khula?

Please note that she cut all contacts with him and blocked him. Before asking for Khula she told him that he has to pay her through her friend.

Jazaakillaahu khaira.

Ibtesam (1): Wa ‘alaikumus salamu ‘alaikum wa rahmatullahi wa barakatuh.

Bismillah walhamdulillahi was salatu was salamu ‘ala Rasoolillah…Amma ba’d.

Does she know the difference between Khul’ (الخُلْع) and Faskh (الفَسْخ)?

If the separation is done due to the husband’s mistreatment, then it’s called Faskh (الفَسْخ) and she doesn’t have to pay anything;

On the other hand, if the husband has no fault, but she dislikes him and wants separation, then it’s called Khul’ (الخُلْع) and she will be asked to pay for that[1].

Now the husband has to pay for what?!

Question (2): She wanted her husband to pay weekly money. The husband tried a lot to save the marriage. She has no Islamic ground to ask for Khula but she wants to go to the court in X (country name).

Ibtesam (2): As salamu ‘alaikumus salamu wa rahmatullahi wa barakatuh.

I have asked three Qadi/Lawyers as there is a contradictory point mentioned that needed clarification; and now I think all are busy in the last moments of Ramadan, so thank you for having patience.

Now, the question is from whenshould the Khul’ (الخُلْع) be considered to be implemented? And here we have two different issues.

One : Khul’ Implementing Timing
Two : Khul’ Allowance

One : Khul’ Implementing Timing
Khul’ will be considered to be implemented if the husband agrees to it after Eejaab (wife’s proposal for separation) & Qabool (husband’s agreement to the separation) by himself[2] or through separation in court by the Qadi (Judge) or an Islamic Center[3] in Muslim minority countries by the Imam of Masjid, Mufti and the rest.

Two : Spending after Khul’
(1)If pregnant :
The wife who gives Khul’ (الخُلْع), if she is pregnant then the husband should spend on her until her delivery, even if he agrees to it after Eejaab (wife’s proposal for separation) & Qabool (husband’s agreement to the separation), and even if she is disobedientlike – if she leaves home without his permission without any valid reason[4].Since the child belongs to the husband, he has to spend on his child until giving birth.

(2)If not pregnant :
1-In case the husband doesn’t agree
If the husband didn’t agreed to the Khul’ yet after Eejaab (wife’s proposal for separation) & Qabool (husband’s agreement to the separation) by himself or through separation implemented in court by the Qadi (Judge) or an Islamic Center[5] in Muslim minority countries by the Imam of Masjid, Mufti and the rest:

[a] The wife who gives Khul’ (الخُلْع), if she is not pregnantthen the husband should spendon her as long as he didn’t agreed to it and she is obedient[6].

[b] The wife who gives Khul’ (الخُلْع), if she is not pregnant and is disobedientthen the husband doesn’t have to spendon her, even if he didn’t agreed to it yet[7], like – if she leaves home without his permission for no valid reason.

2- In case the husband agrees
If the husband has already agreed to the Khul’ after Eejaab (wife’s proposal for separation) & Qabool (husband’s agreement to the separation) by himself or through separation implemented in court by the Qadi (Judge) or an Islamic Center[8] in Muslim minority countries by the Imam of Masjid, Mufti and the rest:

The wife who gives Khul’ (الخُلْع), if she is not pregnantthen the husband doesn’t have to spendon her if he has already agreed toit[9].

Jazakillahu khaira.

Question (3): Wa 'alaikum assalaam wa rahmatullaah.

Jazaakillaahu khaira you made it very clear .Alhamdulillah, barakaAllahu feeki.

Ibtesam (3): وَإيّاكِ. (And you too.)

Praise be to Allah the All-Knowing, the All-Seeing.