Is the khul' (divorce initiated by the wife) practiced in Egyptian courts in accordance with Islamic law, especially given the negative consequences it entails, such as the husband being expelled from his home and deprived of raising his children, and is the "tamkeen" (enabling the wife to reside in the marital home after divorce) used in this situation lawful according to Islamic law?
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Summary of the fatwa regarding Khul' (dissolution of marriage at the wife's instance): The basis for Khul' is the mutual consent of the spouses. However, the preponderant opinion is the permissibility of a judge ruling for Khul' if the wife is harmed and the husband refuses. Scholars differed regarding the maintenance and housing of a woman who has undergone Khul' and is not pregnant. The preponderant opinion is the obligation of the father to provide housing for the children in his custody if the mother does not have a residence. A judge's ruling on matters of disagreement removes the disagreement. The mother's right to custody does not prevent the father from seeing, caring for, and disciplining his children.
What you mentioned is not a justification for shunning marriage, as it is a great blessing and the Sunnah of the messengers. The Messenger of Allah, peace and blessings be upon him, said: "Marriage is my Sunnah, and whoever does not follow my Sunnah is not of me. Marry, for I will boast of your numbers before the nations. And whoever has the means should marry, and whoever does not find means, then he should fast, for fasting is a shield for him." And in marriage is the completion of half of one's religion.
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- Original fatwa ID
- 163066
- Imported
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