Excerpt from: احکام و مسائل کتاب و سنت کی روشنی میں by Shaykh Mubashir Ahmad Rabbani
Due to certain un-Islamic actions and immoral behavior of my husband, I do not wish to live with him.
Is it my Islamic right to seek khulʿ (خلع) in such a situation?
Please explain in light of the Qur’an and Sunnah.
The marital bond between husband and wife is one of affection and mercy, as affirmed by Allah ﷻ. The establishment of a harmonious and peaceful home is beloved to Allah.
However, at times, Shayṭān interferes and causes disputes and disharmony between spouses. When the relationship becomes strained, either:
– The husband gives divorce, or
– The wife requests khulʿ.
Requesting divorce or khulʿ without a valid reason is prohibited in Islam.
The Messenger of Allah ﷺ said:
"أيما امرأة سألت زوجها طلاقًا في غير ما بأس، فحرام عليها رائحة الجنة."
"Any woman who asks her husband for divorce without a valid reason, the fragrance of Paradise will be forbidden for her."
This authentic ḥadīth clearly shows that a woman should not seek divorce or khulʿ without legitimate grounds, as doing so renders entry into Paradise forbidden.
However, if a woman has a valid and reasonable justification and cannot continue married life due to hardship, then she has the right to request khulʿ.
① Ḥabībah bint Sahl al-Anṣāriyyah رضي الله عنها was married to Thābit bin Qays رضي الله عنه. One morning, the Prophet ﷺ found her standing at her door in darkness.
He ﷺ asked: “Who is it?”
She replied: “I am Ḥabībah bint Sahl.”
He asked: “What is the matter?”
She said: “I cannot continue living with Thābit bin Qays.”
When Thābit came, the Prophet ﷺ said:
“This is Ḥabībah. She has said what Allah willed her to say.”
She said: “O Messenger of Allah! I will return everything he gave me.”
The Prophet ﷺ instructed:
"O Thābit, take back what you gave her and issue a divorce."
He did so, and she returned to her family.
② Another narration from ʿAbdullāh ibn ʿAbbās رضي الله عنهما states:
"The wife of Thābit bin Qays came to the Prophet ﷺ and said:
‘O Messenger of Allah! I find no fault with Thābit in terms of his character or religion, but I dislike kufr (disobedience) in Islam.’
The Prophet ﷺ asked: ‘Will you return the garden (he gave you)?’
She replied: ‘Yes.’
The Prophet ﷺ said: ‘Return the garden and he should divorce you with one ṭalāq.’"
These authentic aḥādīth prove that if a woman has a genuine reason and cannot maintain the marriage, then she has the right to request khulʿ.
If the questioner (the wife) is suffering due to un-Islamic or immoral behavior from her husband,
And can no longer maintain the relationship,
Then she has the full right to seek khulʿ.
She may pursue this:
✔ Through a court,
✔ A community arbitration panel (panchāyat),
✔ Or a legal process based on Islamic principles.
❖ Question:
Due to certain un-Islamic actions and immoral behavior of my husband, I do not wish to live with him.
Is it my Islamic right to seek khulʿ (خلع) in such a situation?
Please explain in light of the Qur’an and Sunnah.
❖ Answer:
The marital bond between husband and wife is one of affection and mercy, as affirmed by Allah ﷻ. The establishment of a harmonious and peaceful home is beloved to Allah.
However, at times, Shayṭān interferes and causes disputes and disharmony between spouses. When the relationship becomes strained, either:
– The husband gives divorce, or
– The wife requests khulʿ.
❖ Ruling on Requesting Khulʿ Without Reason:
Requesting divorce or khulʿ without a valid reason is prohibited in Islam.
The Messenger of Allah ﷺ said:
"أيما امرأة سألت زوجها طلاقًا في غير ما بأس، فحرام عليها رائحة الجنة."
"Any woman who asks her husband for divorce without a valid reason, the fragrance of Paradise will be forbidden for her."
Reference: Abū Dāwūd, Kitāb al-Ṭalāq, Bāb fī al-Khulʿ: 2226
Reference: Ibn Mājah, Bāb Karāhiyat an-Tas’al al-Mar’ah Ṭalāq: 2055
This authentic ḥadīth clearly shows that a woman should not seek divorce or khulʿ without legitimate grounds, as doing so renders entry into Paradise forbidden.❖ Valid Grounds for Khulʿ:
However, if a woman has a valid and reasonable justification and cannot continue married life due to hardship, then she has the right to request khulʿ.
❖ Hadith Examples of Valid Khulʿ:
① Ḥabībah bint Sahl al-Anṣāriyyah رضي الله عنها was married to Thābit bin Qays رضي الله عنه. One morning, the Prophet ﷺ found her standing at her door in darkness.
He ﷺ asked: “Who is it?”
She replied: “I am Ḥabībah bint Sahl.”
He asked: “What is the matter?”
She said: “I cannot continue living with Thābit bin Qays.”
When Thābit came, the Prophet ﷺ said:
“This is Ḥabībah. She has said what Allah willed her to say.”
She said: “O Messenger of Allah! I will return everything he gave me.”
The Prophet ﷺ instructed:
"O Thābit, take back what you gave her and issue a divorce."
He did so, and she returned to her family.
Reference: Abū Dāwūd: 2227 | Musnad Aḥmad: 6/134 (#27444) | al-Nasā’ī: 6/169 | al-Sunan al-Kubrā: 5656
② Another narration from ʿAbdullāh ibn ʿAbbās رضي الله عنهما states:
"The wife of Thābit bin Qays came to the Prophet ﷺ and said:
‘O Messenger of Allah! I find no fault with Thābit in terms of his character or religion, but I dislike kufr (disobedience) in Islam.’
The Prophet ﷺ asked: ‘Will you return the garden (he gave you)?’
She replied: ‘Yes.’
The Prophet ﷺ said: ‘Return the garden and he should divorce you with one ṭalāq.’"
Reference: Ṣaḥīḥ al-Bukhārī, Kitāb al-Ṭalāq, Bāb al-Khulʿ wa Kayf al-Ṭalāq: 5273
Reference: al-Muntaqā li Ibn al-Jārūd: 750
❖ Final Ruling:
These authentic aḥādīth prove that if a woman has a genuine reason and cannot maintain the marriage, then she has the right to request khulʿ. If the questioner (the wife) is suffering due to un-Islamic or immoral behavior from her husband, And can no longer maintain the relationship, Then she has the full right to seek khulʿ.She may pursue this:
✔ Through a court,
✔ A community arbitration panel (panchāyat),
✔ Or a legal process based on Islamic principles.
