𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (637)

The Rights and Obligations of a Woman Seeking Khulʿ Question: What are the rights and obligations of a woman who seeks khulʿ? Especially considering the systems that exist today, which do not take into account Islamic rulings or Salafi jurisprudence regarding child custody, and the duties that a father has towards his children. May Allah reward you with goodness. If you could kindly present the question urgently, that would be appreciated from you and would be an act of kindness. May Allah reward you with goodness. Shaykh Khalid Ash-Sharihi, may Allah preserve him, said: The evidence for khulʿ from the Sunnah is that the wife of Thabit ibn Qays ibn Shammas, may Allah be pleased with him, came to the Prophet ﷺ and said: “O Messenger of Allah, I do not find fault with Thabit ibn Qays regarding his character or his religion, but I dislike disbelief in Islam.” The Prophet ﷺ said to her: “Will you return his garden to him?” He had given her a garden as her bridal gift. She said: “Yes.” The Prophet ﷺ then said: “Accept the garden and separate from her.” [Reported by Al-Bukhari] The scholars took from this case that if a woman is unable to remain with her husband, then the ruler (or authority in charge) may ask him to accept khulʿ; rather, he may order him to do so. Khulʿ is when the husband takes compensation (from the wife), or they agree upon it, and then he says to her: “I have separated from you,” or “I have granted you khulʿ,” or similar words. As for what relates to child custody: Custody means: protecting the one who is unable to manage their own affairs and raising them in a way that benefits them. It includes protecting the child in custody, keeping them away from anything that harms them, raising them so they grow properly, and taking care of their food, drink, washing, washing their clothes, applying oil, and looking after their sleep and waking. Custody is an obligation in Islam because the child in custody would be harmed or destroyed if it were abandoned, so it is necessary to protect them from harm. The custody of a child belongs to both parents if the marriage between them is still continuing. If they separate due to the father’s death or divorce, then custody belongs to the child’s mother according to agreement. This is based on what was narrated by Ahmad and Abu Dawud from ʿAmr ibn Shuʿayb, from his father, from his grandfather, that a woman said: “O Messenger of Allah, this son of mine—my womb was a container for him, my breast was a vessel for him, and my lap was a place of protection for him. His father divorced me and wants to take him away from me.” The Prophet ﷺ said to her: “You have more right to him as long as you do not marry.” The expenses of custody come from the child’s wealth. If the child has no wealth, then they are upon the one who is responsible for providing their maintenance, whether it is the father or someone else. Custody continues until the child reaches the age of discernment, whether the child is male or female. When the child reaches the age of discernment—which is generally considered to be seven years old—they are given a choice between the father and the mother, or between the father and whoever takes the place of the mother among the female custodians. There is no right of custody for an immoral person, whether that person is the father or the mother, such as someone known for drinking what is forbidden, stealing, adultery, or forbidden forms of entertainment, because an immoral person cannot be trusted. This ruling applies generally to the father and others, so an immoral person does not have the right of custody. And Allah knows best. Source: https://t.me/BOT_9_9_1/7004 https://t.me/womensbenefits/1831