The Majlis Archive
Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 24 No 06, p.5

I have a question.

Question

I have a question. Last year I returned my mahr in exchange for my freedom. The man I was married to accepted it but one hour later uttered talaaq. I visited The MJC and was told that khula didn't take place and I need to accept the talaaq. Exhusband revoked the talaaq after a month and MJC said that I must apply for fasagh. I told them many times about khula and was told even with khula I need to apply for it. Just wondering if you can give clarity on this matter.

Answer

The MJC is a bunch of juhala. They are ignorant of even the basic masaa-il pertaining to Istinja. What they told you is utter bunkum. The moment your husband accepted the return of the mahr, the Khula' came into effect. The consequence of Khula' is one Talaaq Baa-in which terminates the Nikah irrevocably. The subsequent Talaaq uttered by the chap is baseless. It has no effect of the Khula'. You don't have to apply for faskh to the MJC or to anyone else.

Your Iddat had commenced the very moment your husband had accepted the payment. Ignore what the MJC carrion halaaizers say. You are free from your ex-husband.

Rasulullah (Sallallahu alayhi wasallam) said:

"The son of Aadam (i.e. man) grows older by the day while two attributes in him grow younger: greed for more wealth and the desire for longer life."

These two cravings in man will not be achieved regardless of his efforts. The Qur'aan Majeed says regarding life: "No person will die except with the permission of Allah at the appointed time." When that appointed moment arrives, it will not be extended one minute.

Regarding Rizq, Rasulullah (sallallahu alayhi wasallam) said: "Rizq is sealed, and the greedy one is deprived." Rizq has been already ordained and its quantity is sealed. Regardless of man's effort, he will not acquire one morsel more than the amount and quantity Allah Ta'ala has ordained and sealed for him.

Deficiency of Imaan constrains a person to crave for more wealth. The greed drives him to overburden himself with futile pursuits. Many people whose Rizq is acquired comfortably and abundantly, develop the greed for more wealth. This despicable and futile hankering constrains them to expand their businesses. From one shop, they establish a second shop, then a third and a fourth, and so on to lose their Aakhirah in the quagmire of hirs (greed). But their efforts will not acquire for them more than the amount decreed for them by Allah Ta'ala. What they achieve with their expansion is greater worry, physical and spiritual sicknesses, elimination of peace of mind, neglect of family life, frustration and despondency. The ultimate effect is as stated by Allah Azza Wa Jal in the Qur'aan Majeed: "He suffers loss in this dunya and the Aakhirah."

Insaan has been created for the Aakhirat, not for this dunya. It is not permissible to pursue worldly objectives in a manner which causes damage to Deeni aims and objectives. The greed for more wealth is an unquenchable lust. Only the Qabr will quench this lust. But it will then be too late to regret the damage and harm which have been inflicted on the Rooh and Imaan.

The quest for Rizq should be a superficial undertaking, not a primary objective which necessitates that entire life be squandered in its pursuit. The end of this pursuit is the ruin of one's Aakhirat. Besides this calamity, most people who abandon the primary goal of the Aakhirah in their futile pursuit for worldly success, suffer even worldly losses in a variety of ways, and they depart from this life smitten by remorse, regret, grief and fear. But to no avail.

"..And if you (husbands) have given to anyone of them (wives) a treasure (mounds of gifts), then do not take back anything from it. What! Do you take it by means of slander and manifest sin?

And, how can you take it (the gifts) whilst you have mutually indulged in conjugal relations, and they (wives) have (also) taken from you a solemn pledge?"

(An-Nisaa' 20 and 21)

In these Verses Allah Ta'ala warns and prohibits husbands from repossessing gifts which they had made to their wives. Many husbands when divorcing their wives are constrained by spite and niggardliness to take back the gifts which they had made to their wives during happy times. Such behaviour is despicable and haraam.

The wife becomes the sole owner of the gift of jewellery given to her at the time of the Nikah, as well as of all assets given to her subsequently. It is not permissible for the husband to repossess any of these gifts at the time of the unfortunate, sad event of divorce.

The husband who repossesses the gifts is like a dog which licks up its own vomit. This is mentioned in the Hadith of Rasulullah (Sallallahu alayhi wasallam). The slander and the sin mentioned in the Aayat refer to the fabrication of false stories to justify the repossession.

The nikah bond is a solemn pledge. Allah Ta'ala reprimandingly reminds the husband that the woman was made lawful for him by the solemn pledge of Nikah in Allah's Name. Added to this, is the conjugal relationship from which he benefited. How can a man then descend to such a despicable level as to take back from the woman what is her sole property acquired from him in happy times? His dishonourable conduct is contemptible.

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The Majlis Vol 24 No 06
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