Mufti Online — Madrasah Ta'leemuddeen

Wife using her right to issue a divorce

· 19 Muharram 1441 AH1 min readEnglish

Question

Recently I found out that my husband only married me for a visa since I am a US citizen. We haven’t consummated our marriage. Also he doesn’t really love or care for me. We havent been in contact for over 6-7 months. In my nikaah, I got the right of divorce from my husband (delegated right of divorce to wife). I want to end this marriage.

1. Can I just pronounce I chose myself or I am divorcing myself from you 3x over a text and send him a notice too, will my divorce be valid?

2. Do I have to seek khula or I can just get divorce by saying it.

Answer

1. You may say to him that the right of divorce that you have transferred to me, I am exercising the right and issuing the divorce by that right.

2. When he has transferred the right to you then you do not have to go through a khula process.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/30507
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-30507

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