A woman has asked her husband for Khulu`, her gold, deferred portion of the dowry and furniture. Is she entitled to that, knowing that her husband doesn`t want to divorce her?
All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Khulu`* can`t takes place save before a judge of Sharia and he has the authority to make the suitable decision in this matter. And Allah The Almighty Knows Best.
* Khulu' is when parties agree to separate by way of consent, usually upon terms such as the wife agreeing to repay her Mahr (dowry) to the husband upon him agreeing to grant Talaq. The iddah period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post-menopause i.e. ceased menstruating. This is to ensure she is not pregnant. This differs from when a man gives a talaq; the iddah period is three cycles or three months.
Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?
It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.
What is the ruling on not fulfilling a vow?
A vow is a commitment towards Allah, The Almighty, and so, it should be observed as much as possible, and it is impermissible to take it lightly. Allah, The Exalted, Says –in commending the believers (What means): "(Because) they perform the vow and fear a day whereof the evil is wide-spreading." [Al-Insan/7].
Is housemaid right hand possession?
All perfect praise be to Allah, The Lord of The Worlds. May His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.
Housemaid isn`t right hand possession. Rather, she is a free woman because she is just hired to deliver a service. And Allah The Almighty Knows Best.
