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My wife sought khula from the court…


Dear sir

My question is that my wife sought khula from court just after 11 months of our marriage on tiny issues and before appearing court and before the decision of court she had gone to perform Umrah with her mother Even without my permission . Dear sir, Is it correct in accordance to Quran, shariat e Muhammdi and hadith? Please I need its answer.



Salamun Alaykum

Thank you for your query.

If the wife has not taken divorce or Khul’, the wife has to get the permission of her husband for Umrah but for Hajj which is wajib, the permission of husband is not required. Even in the days of observing Iddah, husbands’ consent is necessary. Whereas the court divorce has no value according to the Mujtahideen and the Talaq formula has to be recited in front of two witnesses.

According to Ayatullah al-Udhma Sayyid Ali Sistany:

Ruling 2430. It is unlawful for a woman in a permanent marriage to leave the house without the permission of her husband even if this does not infringe on his rights, except in the following cases: [i] a necessity requires her to; [ii] staying in the house causes her hardship (Haraj); [iii] the house is not appropriate for her. Also, she must submit to giving her husband sexual pleasure, which is his right, whenever he wishes. She must also not prevent him from having sexual intercourse with her without a legitimate excuse (udhr). It is obligatory on a husband to provide his wife with food, clothing, housing, and other things that she needs. If he does not provide these for her, irrespective of whether he is able to or not, he will be indebted to her. Furthermore, one of the rights of a wife is that her husband must not subject her to harassment or abuse, and he must not treat her in a harsh or rough manner without a legitimate reason.

May Allah(swt) grant you success


Syed Haider