His in-laws urged his wife to ask him for Khul'
6-6-2010 | IslamWeb
Question:
AOL, I hope you will be fine by the grace of ALLAH and also with my prays. Hazrat my question is that my wife has gone to thier mother home since last 4 1/2 months and wants KHULA I and my family contacted with her and her family but all of them refused to her live with me whereas my wife loves my too much and never be with out me same as my conditions. after refusing my Khula descision she goes to Court and wants Khula and get it in my absence. I have reached at Court after half an hour once she appeal to court Judge ordered in her favour and once I have talked with Judge Sir, I'm ill thats why I'm not able to come and my lawyer already appeal you pls. extend attend but you not extended and give order in her favour why? Judge told you are late now you have 90 days for peach up with your wife other wise your marriage will dissolove after 90 days. My laws family didn't meet me with my wife and she are living other place in thier mother home Sir, my question is that as per Islamic's law in the absence of husband court grant KHULA's order or not? How can I save their marriage bcz my laws family has magic on my wife thats why she is hating me and before leaving my home she never be without me and now she doesn't want to see me and listen my name. Thanks & JAZZAKALLAH Wasalam, Azeem
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 
is His slave and Messenger.
There are some considerations in this case that make us unable to give you a definite answer about it. That is because this case has been taken to the judge, and the Muslim judge is more proper to study such cases.
In addition to this, you mentioned that Khul’ was given in your absence and that the request of your attorney to adjourn the case due to your sickness was not accepted. Also, you mentioned that the judge gave you a chance for reconciliation but at the same time he gave your wife Khul’. Hence, it appears that there are some contradictions.
Therefore, we are going to give some general answers.
1- It is not permissible for a wife to go out of her husband’s home without his permission except in case of necessity, otherwise she is considered a disobedient wife. The Sharee’ah clarified the methods to follow in treating a disobedient wife and this is discussed in Fataawa 91788 and 85402.
2- It is not lawful for a wife to ask for Khul’ without a sound reason. It is confirmed that the Prophet said: “The wives who ask for Khul’ are the hypocrites.” [Ahmad and Abu Daawood]
3- It is not permissible for the family of the wife to urge their daughter to ask her husband for Khul’; rather, they should endeavor to reconcile between them as much as possible. On the other hand, it is not permissible to accuse the family of the wife of having done magic to their daughter except with evidence.
In any case, we advise you to try as much as possible to reconcile because reconciliation is good. In this regard, you may seek the help of some righteous people who may influence the family of your wife as Allaah may facilitate reconciliation thanks to them. If reconciliation takes place, then praise be to Allaah, otherwise it is better to divorce her. It is also permissible for you to ask for compensation in return for divorcing her if you are not the reason for her asking for Khul’.
Allaah Knows best.