Khula am I guilty

[muzammilsayed]

assalam o alaikum
I was married and with in two months of my marriage my self respect was hurt 2-3 times by my mother in law, instead of talking directly to her ( as she elderly and deserves respect) I consulted my wife and had along discussion which resulted in arguments and also some hard statements from my end like
1. 'if u dont get my point no need to come back'
2. 'she(my wife) said i will see she (mother in law) will not behave such way in future' on that i said 'if she behave such way i will marry other women'.
When she communicated all this to her parents and relatives they took her back and declared that they have taken Khula and put her in iddat preriod. When I heard this I had a talk with my father in law and made him understand that Khula is not possible without husband's concern, but they were not ready to listen anything and After few months they remarried her to one of her cousin.
My questions
1. Is this Khula valid?
2. Was the remarrying her without proper khula results in sin for me in sight of Allah?
3. Please let me know from knowledge of Quran & Ahaadith how guilty I am from above scenario in sight of Allah & if I am guilty what is the repentance/solution? as I cannot talaq her now as she had already remarried and they are not ready to answer to any of our questions.

[Maripat]

In all probability you are not guilty on these counts that you are suspecting.
And I do not think that the khula is valid in this case and thus all of them are sinning.
But only a Mufti can say the definite things.

The real point is why are you not relieved by this event? Don't you know how lucky you are? Brother can't you recognize your good luck also?
Wassalam

[sudoku]

There is no such thing as them just taking khula. Khula is not something like talaq where the simple utterance of the 'T' word will cause divorce. Khula is a procedure where the woman asks her husband to let her go in lieu of the mahr he gave her.

If this has not taken place, then unless they went to a qazi and got your nikah with your wife annulled (faskh), your wife is at the moment living in sin with another man.

I would suggest you contact a local Mufti who can also talk to you inlaws about the great sin they are making their daughter commit. If there are none then you can contact a mufti online like Mufti Ebrahim Desai admin@daruliftaa.net , Mufti Ebrahim Salejee mufti@alhaadi.org.za

[abdlashay]

A Mufti sahib will tell the legality of the issues involved. However, it is necessary to hear the other side of the story also.

[Z M S]

Khulā can ONLY occur with the consent of the husband. The wife declaring Khulā is void; it carries no effect. Therefore, Khulā by declaration from your in law will not invalidate the marriage.[1]

We would like to bring to your attention that the statements uttered by you in reference are words of Talāq e Kināyah (talāq in unclear words). The implication of which depends on your intention at the time of uttering these statements. Meaning, when uttering these statements “if u don’t get my point no need to come back” and “if she behave such way I will marry other women” you intended of divorcing your wife, then one irrevocable divorce (Talāq e Bāin) takes place.

Nevertheless, you are the judge of your statement, it’s between you and Allah.

And Allah Ta’āla Knows Best


Mufti Zaid M Shelia,
Checked and Approved by,
Mufti Ebrahim Desai
.

[1] الخلع إزالة ملك النكاح ببدل بلفظ الخلع كذا في فتح القدير وقد يصح بلفظ البيع والشراء وقد يكون بالفارسية كذا في الظهيرية وشرطه شرط الطلاق وحكمه وقوع الطلاق البائن كذا في التبيين.. الفتاوى الهندية 1/488 مكتبة رشيدية