| Question ID 4382 - Divorce - 2018-09-09 22:15:02 |
| My Maraja is Agha Sistani (May Allah protect him)
I got my nikah done over Skype with my cousin in 2010. After nikah, we never met because we both were living in different countries for education as we both were young. Because there was no communication, after 6 years, I decided for Khula because of misunderstandings. My mother went to a moulana in Pakistan who was our representative to perform the procedure for khula. The representative asked the husband for a written statement in which the husband gives his consent for khula. However, the representative didn’t ask the wife (me) for my consent before proceeding for khula since I was not present.
After khula, in less than 6 months, I got a chance to speak to my exhusband and we decided to get back together. We haven’t been married to someone else. However, the families are against our decision due to their personal reasons. We (my husband and I) went to another moulana to ask some questions and after we told him the khula procedure, he said the procedure is not done correctly, therefore, the khula is not valid. According to what he told us, since the husband and wife were not present, the wakil (representative) is supposed to do wikalat, which means ask both husband and wife for their consent/permission before reading the seegha (either on phone or in a written statement). The moulana even spoke to the representative on phone and asked him if he asked the wife also, and to my surprise, the representative lied and said he spoke to me and took my consent. When I confronted him he said it’s not a big deal because my intention (niyat) was for khula and my mother agreed on my behalf, so there was no need to take my consent/permission. But then why did he lie to another moulana, I don’t get it. Allah knows better.
My question is that since our representative didn’t speak to me at all and only took wikalat from my husband only. Based on the situation, is this khula valid?
If the couple is trying to get back together as they realized their mistakes, what would be the advice for families who are against this decision because of the misunderstandings between them. It might help them change their perspective.
JazakAllah khair! |
| |
Answer:- Wa Alaykum Assalam wr wb
1. If you have authorised your mother to ask for Khula on behalf of you, that authorisation itself is valid on your behalf. Nevertheless, you and him are always allowed to invalidate the Khula by returning any money you gave him to make him agree on the Khula, then the Khula will become simple divorce. You both can after that recite a new Nikah immediately.
2. If you and him decide to be together in marriage bond, your families have no right to prevent or disturb such marriage unless there is a valid Islamic reason. They should be told that preventing marriage is a very bad act which can harm them in this life and hereafter.
Wassalam
Mohammad Al-Musawi
|
| |
|
