Quote from: Wakas on June 02, 2023, 01:53:33 AMQuote1) for Khula or ransoming out of the marriage does wife need the husbands agreement? If she does then what happens when the husband forces her to stay when she doesn't want to?
Using what I wrote above what is your response to this? i.e. what do you think the answer(s) could be.
Thanks.
What a refusal to answer the question.
She was clearly asking if she would have to return the mahr if she wanted to divorce from an abusive husband. Your answer is yes, so why not just say that? In your interpretation, she has to return her marriage gift to an abusive husband so she is able to get out of her marriage. This is a trap.
And I agree with her. It is very unfair. It is unfair anyway but especially in countries where women don't even basic rights. This would be another way to trap them. They are often already financially dependent. Now they have to suffer financially, birth babies, take care of said babies (including the manchild husband), her in-laws, etc, and STILL return the mahr? Imagine doing all that and you still have to give more.
Yet there is no such stipulation on the husband to give anything to his ex-wife who is far more likely to suffer as a result and is far more likely to be stuck with children, and far more likely to suffer societal wrath, whether she initiates the divorce or not.
The real question in the context of this discussion should be: if one wants to follow the more Western model of divorce with both being able to initiate divorce, is that fine in Islam or not?