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{{Quote|{{Quran|2|229}}|الطَّلاَقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَا أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ </br> | {{Quote|{{Quran|2|229}}|الطَّلاَقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَا أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ </br> | ||
A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them '''if she gives something for her freedom ( Arabic word:افْتَدَتْ which means Ransom money)'''.}} | A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them '''if she gives something for her freedom ( Arabic word:افْتَدَتْ which means Ransom money)'''.}} | ||
== If the husband is abusive and beats her brutally (even with bruises), still she has no right to get her freedom == | |||
Islam critics point out that following tradition, which shows that even brutal beating (even with bruises) is not enough that she could get her freedom through Khul' or through any Islamic court. | |||
{{Quote|{{Bukhari||77|42|in-book}}|Rifa`a divorced his wife whereupon `AbdurRahman married her. `Aisha said that the lady (came), wearing a green veil, and complained to her (Aisha) of her husband '''and showed her a green spot on her skin caused by beating.''' It was the habit of ladies to support each other, so when Allah's Messenger came, `Aisha said, '''"I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"''' | |||
When `AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife. | |||
She said, '''"By Allah! I have done no wrong to him but he is impotent and is as useless to me''' as this," holding and showing the fringe of her garment, | |||
`Abdur-Rahman said, "By Allah, O Allah's Messenger! She has told a lie! I am very strong and can satisfy her '''but she is disobedient and wants to go back to (her first husband) Rifa`a (by doing Halala with me)'''. | |||
" Allah's Messenger said, to her, "If that is your intention (i.e. to do Halala), then know that it is unlawful for you to remarry Rifa`a unless `Abdur-Rahman has had sexual intercourse with you." | |||
The Prophet said | Then the Prophet saw two boys with `Abdur- Rahman and asked (him), "Are these your sons?" On that `AbdurRahman said, "Yes." The Prophet said, "You claim what you claim (i.e.. that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow,"}} | ||
Therefore, this tradition tells: | |||
#This woman was extremely unsatisfied with her husband, and didn’t love him, and wanted to get rid of him. | |||
#Since Khul’ is not the right of woman in Islam, but depends only upon the will of man, that is why she was unable to get rid of him despite having a strong desire for her freedom. | |||
#And this 2nd husband used to beat her brutally till she got bruises all over her body. But despite this beating, he didn’t give her divorce or freedom through Khul’. | |||
#And Muhammad didn’t prohibit that man from beating her, but made it a part of Islamic Sharia by keeping quiet upon it (known as Hadith-e-Taqriri). | |||
#And Muhammad also didn’t give the right to the woman to take her freedom through Khul’ after such beating. | |||
==Even if husband breaks any part of the wife, still she has to pay the ransom money for her freedom== | |||
{{Quote|{{Bukhari||13|54|in-book}}|Narrated Aisha, Ummul Mu'minin: | |||
Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas. '''He beat her and broke some of her part'''. So she came to the Prophet after morning, and complained to him against her husband. The Prophet called on Thabit ibn Qays and said (to him): '''Take a part of her property and separate yourself from her'''. He asked: Is that right, Messenger of Allah? He said: Yes. He said: '''I have given her two gardens of mine as a dower''', and they are already in her possession. The Prophet said: '''Take them (as the ransom money) and separate yourself from her'''. | |||
Sheikh Albani declared this Hadith to be “Sahih” (authentic)}} | |||
Critics of islam point out: | |||
*She could not get the right to have divorce automatically, even if he beats her so brutally that any part of her body breaks (like bones etc.), but she still has to pay the ransom money to get rid of such abusive husband. | |||
*As compared to Islam, in the Western world, she will not only get the right to have divorce automatically from such an abusive husband, '''but she will also get the compensation money from the husband for the injury'''. | |||
==A woman could not get her freedom through Khul’ even if the man is infertile:== | |||
All 4 Sunni Fiqh Imams agree that the wife could not take divorce if the man is infertile. | |||
{{Quote|[https://web.archive.org/web/20211011105923/https://islamqa.info/en/answers/21592/ruling-on-asking-for-a-divorce-from-a-husband-who-has-some-medical-problems Fatwa Website Islam Question and Answer]|With regard to the man’s sterility, i.e., his inability to father children, this is not counted as a fault that would necessitate annulment of the marriage, according to the majority of scholars, apart from the view of al-Hasan al-Basri, and Shaykh al-Islam Ibn Taymiyah}} | |||
Actually, it was impossible to find out if a man was infertile in the previous centuries. Therefore, it was impossible to blame the man for infertility. | |||
== Women who seek their freedom through Khul’ are hypocrites == | |||
If a woman does not simply like her husband, and seeks to get her freedom by using the ransom money, then such a women was declared to be a hypocrite. | |||
{{Quote|{{Al Tirmidhi||2|8|1186}}|عَنْ ثَوْبَانَ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ " الْمُخْتَلِعَاتُ هُنَّ الْمُنَافِقَاتُ " | |||
The Prophet said: "The women who seek a Khul are hypocrites." | |||
Grade: Sahih (Darussalam)}} | |||
Sunnan Tirmidhi, Kitab-ul-Talaq:<blockquote>عَنْ ثَوْبَانَ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ " الْمُخْتَلِعَاتُ هُنَّ الْمُنَافِقَاتُ " | |||
The Prophet said: "The women who seek a Khul are '''hypocrites'''." | |||
This tradition is “Sahih” (i.e. Authentic)</blockquote>Sunnan Tirmidhi, Kitab-ul-Talaq:<blockquote>عَنْ ثَوْبَانَ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " أَيُّمَا امْرَأَةٍ سَأَلَتْ زَوْجَهَا طَلاَقًا مِنْ غَيْرِ بَأْسٍ فَحَرَامٌ عَلَيْهَا رَائِحَةُ الْجَنَّةِ | |||
The Messenger of Allah said: "Whichever woman seeks a Khul from her husband without harm (cause), then the scent of Paradise will be unlawful for her." | |||
This tradition is also “Sahih”.</blockquote> | |||
===Islam apologists: Woman is “emotional” and thus husband should decide for her if divorce is in her favour or not=== | ===Islam apologists: Woman is “emotional” and thus husband should decide for her if divorce is in her favour or not=== | ||
This is so wrong to only blame women for being emotional. Indeed, men could also be emotional and could make false decisions in anger. | This is so wrong to only blame women for being emotional. Indeed, men could also be emotional and could make false decisions in anger. | ||