Khula Payment
Question :

If the husband agreed to a khula divorce and then he said that he did not want any payment, will the khula be in order?

Answer :

It is a condition in the khula divorce that the wife pays her husband in return for getting a divorce from him. Without such payment, a regular type of divorce must take place instead.

Khula Divorce
Question :

Is it necessary for the Khula divorce to be in Arabic?

Answer :

Divorce is not correct if it is not in the Arabic language, except if it is not possible to pronounce the divorce formula in Arabic.

The Power of Divorce
Question :

Does Islam allow the wife to have the power to divorce her husband?

Answer :

Islam has not established marriage in such a way. Islam has legislated marriage in a manner that gives the husband the right of divorce, as well as the financial obligations and other responsibilities.

Divorce in Temporary Marriage
Question :

Can there be a divorce in temporary marriage?

Answer :

There is no divorce in temporary marriage. The husband can waive the remaining period of the contract. If he did, then she is no longer his wife.

The Reason behind the Waiting Period
Question :

Seeing that the significance behind the iddah period is so that the father can be identified adequately if the woman becomes pregnant, and contraception almost eliminates the chances of pregnancy, is there any need of the iddah period when using contraception?

Answer :

The reason behind the waiting period is not necessarily identifying the father if the woman is pregnant. If this was the reason, then it would have been sufficient for Almighty Allah the Divine Legislator to consider one menstrual cycle as a waiting period and not any longer duration. Almighty Allah knows the actual reason behind such legislation.
Therefore, the iddah must be observed even if contraception was used.

Forced to Divorce
Question :

If a person’s life is threatened and is forced to give a divorce, is this divorce valid according to religious parameters?

Answer :

If he was forced to divorce his wife solely because of the threat, then the divorce is invalid. If he decided to divorce her willingly because he was convinced that continuing the relation with his wife would lead to trouble as a result of the current circumstances of the marriage, then the divorce is valid.

Condition in the Marriage Contract
Question :

A woman knows she cannot have children and tells this to the man who wants to marry her, and the man still agrees to the marriage. They draw up a marriage contract where she stipulates that he must not divorce her unless she betrays him, commit adultery or he finds a more beautiful wife. Years later, the man divorces her anyway on the grounds that she cannot have children. Is the divorce valid?

Answer :

If the mentioned condition was part of the marriage contract, the divorce is not valid, and the woman is still his wife, based on the mentioned details.

Not Consummating the Marriage
Question :

I had temporary marriage with a girl and did not consummate the marriage (i.e. we did have sexual relations without intercourse). Is it required for her to wait for iddah period?

Answer :

There is no need for the iddah, since the temporary marriage period ended without consummation.

Khula Divorce
Question :

What is the difference between the conventional divorce and the divorce of khula?

Answer :

If the wife hates her husband in such a way that she does not fulfill her marital religious obligations with her husband or she threatens him in a serious way to stop fulfilling such duties, then it is permissible to divorce her by way of khula, by her paying him in exchange for him giving her the divorce. In this case, the husband cannot return to the marital relations during the waiting period (the iddah). In other cases, the divorce may not be by khula, like when they both agree to drop the husband’s financial obligations for the wife in exchange for him divorcing her. The divorce in this case is conventional, i.e. the man has the right to return to the marital relation during the waiting period.

Divorce During Menstruation
Question :

If a husband and wife decided on divorce by khula, is it valid if it takes place during menstruation, or if they have sexual intercourse the day before?

Answer :

Divorce of any type is invalid if it takes place during the menstruation period of the wife, or if they had sexual intercourse since the last menstruation period.

Divorce During Pregnancy
Question :

Is it possible for a man to divorce his wife during pregnancy?

Answer :

A man is allowed to divorce his wife while she is pregnant.

Witnesses
Question :

Does the khula and mubarat divorce require witnesses?

Answer :

All types of divorce, including khula and mubarat, are not valid unless there are qualified witnesses present, and the other conditions must also be fulfilled, such as the woman not being in her menstrual period and not having had sexual intercourse since the last menstrual period.

Situations of Khula Divorce
Question :

In what situations can khula divorce take place and how?

Answer :

The khula divorce is not valid unless the woman hates her tie of marriage with her husband in such a way that her hatred leads her to not fulfilling her conjugal duties. Simply not liking him without reaching such a level of resentment does not suffice for bringing about the divorce by khula.
When all conditions are met, the woman can start the divorce formula by saying "khālaʾtuka ʿalā..." (I form a khula divorce for the amount of...), and she states the amount of money that she is willing to give him. The husband says afterwards with his intention of accepting the khulaʾ divorce, "Radhītu bi-dhālik" (I accept that).
If she does not hate him to the level of refusing his marital rights, the khula divorce cannot be established, and the normal revocable divorce can take place then, which does not become irrevocable unless the waiting period is completed.

The Waiting Period of a Khula Divorce
Question :

I took a khula divorce and a subsequent court divorce due to severe domestic violence. I have had no physical relationship with my ex-husband for more than two years. I have already had two menstrual cycles since the khula. Is the observance of the ʿiddah obligated on me?

Answer :

The commencement of the iddah is from the time of the divorce until you see the third menstrual period. You must observe this iddah period if the marriage was consummated.

The Khula Divorce
Question :

Is the khula divorce revocable?

Answer :

No, the khula divorce is irrevocable, so they cannot return to each other in marriage unless they marry each other with a new marriage contract. It is considered as one divorce.

The Right of Divorce
Question :

According to Shia Islamic law, does the woman have the right to divorce herself from her husband?

Answer :

No, she does not have this right. However, if the wife stipulates a condition in the marriage contract that she will be his agent in her own divorce in such a way that she cannot be discharged from such an appointment and the husband agreed to this, then she can divorce herself on behalf of her husband. She can also divorce herself on behalf of her husband, if she makes it a condition in the marriage contract that if the husband travels and disappears during his travel, she will be his agent in reciting the divorce formula.

The Right of Divorce
Question :

Can a wife divorce her husband due to his infertility, without his consent?

Answer :

She can ask him to divorce her, but she cannot divorce herself.

Birth Control Pills
Question :

Is the iddah period obligatory on a woman who used birth control pills during her previous marriage?

Answer :

If the marriage was consummated then observing ʿiddah is obligatory in all cases.

Reasons of Divorce
Question :

Can I divorce my wife based on the fact that I do not like her or should there be other reasons?

Answer :

The divorce is the right of the husband. In order to be fair, one should not choose to divorce his wife unless it is necessary. It is better to try to fix the relationship with the wife as much as possible, since a divorced woman is subjected to social and psychological harm more than a divorced man.

Non-Consummated Marriage
Question :

I got married, but did not consummate the marriage, so I am still a virgin. My husband is not in the same country. He might divorce me without asking whether I am in my menstruation period or not. Would the divorce be valid?

Answer :

It is irrelevant whether you are in the mensuration period or not in the validity of the divorce if the marriage was not consummated, i.e. sexual intercourse did not occur.