Wife claims being deceived into signing for Khul‘
13-4-2015 | IslamWeb
Question:
i had a divorce but in papers my husband did a fruad wit me they made divorce agreement n didnt tel me about that papers r based on mutual divorce agreement n he take my sign on them by saying that he give me divorce n i recive the paper so sign it but its all fraud infact papers r made for khula he take my sign on khula papers n i dont no about this after siging the papers my laywer read the papers n he said my husband did fraud no wat should i do i didnt demand him for divorce n divorce he prepare is agaist me i want justice becuse khula is my right n no one can take it from me n doing fraud is against islam i need ur help i want to know can i protest against it can i go to court for cancellation is our islam give us the rigth to fight against unjust n can a court according to sharia as the power to cancel te divorce on the basis of fraud n hidding the assest from wife and her family
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.
First of all, you should know that a Fatwa is not enough in matters of disputes, so in our view, you must consult a legitimate Islamic court, which is more appropriate for investigating such a case as the judge would listen to both parties and request evidence or swearing an oath if necessary.
If there are disputes on some issues, then ruling of the judge is decisive in such disputes in issues of Ijtihaad (personal reasoning by competent scholars in matters untackled by the Quran and Sunnah). In addition to this, his ruling, unlike a Fatwa, is binding on both parties. For more benefit, please refer to Fatwa 89707.
We will mention here the statement of the Hanafi scholars about the matter; for example, ad-Durr al-Mukhtaar reads:
“If he (the husband) claims Khul‘ in return for money while she (the wife) denies it, then divorce takes effect by his testimony, and the claim about the money is judged according to the principle known in lawsuits; so the statement (that is taken into account) is her statement because she denies it.
The commentary about it in the footnote reads: His saying, "Divorce takes effect by his testimony" means irrevocable divorce, although the money (compensation) is not confirmed because the wording of Khul‘ that is testified is indirect, so an irrevocable divorce takes place as mentioned in his saying, "according to the principle known in lawsuits" – meaning as it is known in lawsuits that the statement that is taken into account is that of the one who denies it and the claimant must provide evidence.”
What this statement means is that the divorce takes place, and the compensation taken from the wife is not confirmed without evidence.
The Hanbali School of jurisprudence stated the same.
Allaah Knows best.