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Posted By Topic: Why Masjid As-Salafi Have Suspended Khula' Applications?

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spubs.com
08-02-2005 @ 5:26 PM    Notify Admin about this post
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WHY MASJID AS-SALAFI AND ISLAMIC CENTRE BIRMINGHAM HAVE SUSPENDED PROCESSING KHULA? APPLICATIONS?

(In answer to the numerous questions asked regarding this issue)


** BACKGROUND **


1. We decided initially to process khula? applications for sisters because:

a. Many of the UK based organizations are blind-bigoted followers of the sects of misguidance utilizing false principles and issuing fatawa based upon desires.

b. We know of many cases where a khula? would be issued or withheld based on sectarianism or racial grounds, not upon the merits of the application of the wife nor the response of the husband.

c. A husband would be unjustly separated from his wife based upon differing racial backgrounds.

d. Sisters from an Indo-subcontinent background would sometimes be forced into marriages without their consent, whereby they would be taken abroad, their passports taken away from them and forced into marriages.

e. Sisters would be forced to stay in marriages wherein a husband would not pray his prayers at all or belong to a sect that is involved in major shirk or kufr, such as the rawaafidh or grave-worshippers.

f. Many sisters have embraced Islaam newly from other religions. In most cases they would not have any relatives who are Muslim, whether that be from their mahrams or in terms of guardianship. We found that some of them would be in marital relationships that were violent and abusive. They would have no recourse to seek help and aid except by way of the likes of ourselves.

2. So in light of this we decided to establish a procedure whereby we would utilize the established fatawa of the Major Scholars of this Ummah, such as Shaykhs Ibn Baaz, Ibn Uthaymeen, Al-Fawzaan and the Lajnah Daa?imah in the Kingdom of Saudi Arabia. Also that the scholars would be contacted to resolve any conflict of stories between the various parties.

3. We had a standard form which was given to applicants. On the final page of this application form it clearly states:

quote:
?We will send a copy of this form to your husband for review and response. If he disputes any of the points you have brought, and they are a valid obstacle to the khula', they will be considered and put under review. If however, the reasons are invalid from a Sharee'ah perspective, we will notify you of our decision. You must realise that you are still married to your husband up until you receive a khula' certificate from us that clearly states that your marriage has been dissolved. Our rulings are taken from the fatawaa of the Major Scholars from their famous well-known rulings. The likes of Ash-Shaykh Ibn Baaz, Ash-Shaykh Ibn al-Uthaymeen, Ash-Shaykh Abdul-?Azeez Aalush-Shaykh and Ash-Shaykh Saaleh al-Fawzaan and the Permanent Committee Of Major Scholars Of The Kingdom Of Saudi Arabia. If the issue at hand requires a specific judgement not clearly found in the fatawaa books, then a specific scholar is contacted for a verdict.

The effect of a khula' is similar to that of a divorce in that the marriage is terminated. Once the khula' is issued, there is no taking back (i.e. The wife cannot take her husband back and the husband cannot return to his wife) in the iddah [the waiting period].

The waiting period [ iddah ] is one menstrual cycle or if the woman is pregnant, then the iddah is up until the child is born. During the iddah, the couple cannot co-habit.

If the husband wishes to remarry the woman, he must re-apply to her guardian for marriage and the woman has the right to accept or refuse.

An alternative method of khula' is that the wife asks her husband for a khula'. If the husband agrees, he can release her. He should wait till she is pure after her menses and should not have had a relationship with her, then he can release her. Further he must have the khula' witnessed.

The Salafi Masjid and Islamic Centre has the right to refuse any application for khula' at its own discretion.

The cost of dealing with the application is set at 50 (Fifty pounds). This is non-refundable, even if you change your mind. So please be sure as to whether you wish to proceed, seek advice and make istikhaarah (the prayer for guidance) first. If we, The Salafi Islamic Centre, decide not to proceed with the application, the full amount will be returned to you. If we proceed with the application and you do not attain the khula', then your fee will not be returned.

I have read all the above and answered truthfully all the questions. I realise that if I have been untruthful in answering the questions, this may nullify my application for khula' and I will lose the payment made for this application.

Name of Applicant:
Signed:
Dated:
Witnessed - Name:
Signed:
Dated:


4. A letter was then sent to the husband. This letter was of three types:

Type 1

quote:

Ref:                              
Date:
Copy to:
                         
Dear Mr

Asslaamu alaykum wa rahmatullaah,

We pray you are well.

We are writing this letter to inform that your wife has asked to have your marriage dissolved and nullified (khula').

We have enclosed a copy of your wife's application for khula'. We hope to have the khula' concluded within 28 days of this letter.

If there is a sharee'ah Islamic reason as to why this marriage should not be dissolved, please notify - in writing - us as soon as possible within the next 14 days.

Wassallaam alaykum wa rahmatullaah.

Your brother,
On Behalf of The Salafi Bookstore & Islamic Centre.


Type 2

quote:

Ref:                              
Date:                         

Dear,

Asslaamu alaykum wa rahmatullaah,

We pray you are well.

We are writing this letter to inform that your wife has asked to have your marriage dissolved and nullified (khula').

We have enclosed a copy of your wife's application for khula'. We hope to have this issue resolved within a month of this letter.

If there is a sharee'ah Islamic reason as to why this marriage should not be dissolved, please notify us - IN WRITING - as soon as possible within the next 14 days. It is important that the response is sent in writing so that we can forward this response firstly to the wife, and secondly for our own records.

We cannot accept a withdrawal of application by other than the wife.

It is apparent from the application form that your wife states that you do not pray the five daily prayers, that you do not provide any financial support for her and beating her. The most severe of these is abandonment of the prayer, as this is regarded as unbelief (kufr) that exits a person from Islaam as has been stated by the Prophet, salallaahu alaihi wassallam, many of his Companions and the Imaams of this Religion such as Imaam Ahmad Ibn Hanbal, Shaykhul-Islaam Ibn Taymiyyah, Imaam Ibn Baaz and Allaamah Ibn Uthaymeen as well as the Standing Committee Of Major Scholars of the Kingdom of Saudi Arabia.

If we do not hear any response from you, we may consider issuing a khula' assuming that you have no objections. We will to do this after seeking the rulings of the Muslim Scholars.

Wassallaam alaykum wa rahmatullaah.

Your brother,
On Behalf of The Salafi Bookstore & Islamic Centre.


Type 3

quote:

Ref:                              
Date:                         
Dear,

Asslaamu alaykum wa rahmatullaah,

We pray you are well.

We are writing this letter to inform that your wife has asked to have your marriage dissolved and nullified (khula').

We have enclosed a copy of your wife's application for khula'. We hope to have the khula' concluded within 28 days of this letter.

If there is a sharee'ah Islamic reason as to why this marriage should not be dissolved, please notify - in writing - us as soon as possible within the next 14 days.

If we do not hear any response from you within 14 days, we may be forced to issue a khula' assuming that you have no objections.

Wassallaam alaykum wa rahmatullaah.

Your brother,
On Behalf of The Salafi Bookstore & Islamic Centre.


4. After the response of the husband, we would look into the affair and do as we stated:

quote:
?If he disputes any of the points you have brought, and they are a valid obstacle to the khula', they will be considered and put under review. If however, the reasons are invalid from a Sharee'ah perspective, we will notify you of our decision. You must realise that you are still married to your husband up until you receive a khula' certificate from us that clearly states that your marriage has been dissolved. Our rulings are taken from the fatawaa of the Major Scholars from their famous well-known rulings. The likes of Ash-Shaykh Ibn Baaz, Ash-Shaykh Ibn al-Uthaymeen, Ash-Shaykh Abdul-?Azeez Aalush-Shaykh and Ash-Shaykh Saaleh al-Fawzaan and the Permanent Committee Of Major Scholars Of The Kingdom Of Saudi Arabia. If the issue  at hand requires a specific judgement not clearly found in the fatawaa books, then a specific scholar is contacted for a verdict.?


5. If the husband did not respond within 14 days ? we would show further patience.
IMPORTANT NOTE ? WE HAVE NEVER ISSUED A KHULA? AFTER 14 DAYS EVER! (See below under ?False Rumours And Misconceptions?)


** FALSE RUMOURS AND MISCONCEPTIONS **
CLARIFIED


RUMOUR 1: ?Maktabah Salafiyyah wait for 14 days for the husband to respond ? if he does not respond, they issue the khula? and his marriage is nullified and there are examples of this.?

RESPONSE 1: This is baseless and untrue. Maktabah Salafiyyah has NEVER issued a khula? based upon not receiving a response. Further Maktabah Salafiyyah has NEVER issued a khula? within 14 days or after 14 days due to not receiving a response. As for what is stated in one of our letters:

quote:
?If there is a sharee'ah Islamic reason as to why this marriage should not be dissolved, please notify - in writing - us as soon as possible within the next 14 days.

If we do not hear any response from you within 14 days, we may issue a khula' assuming that you have no objections.?


This is NO WAY means that a khula? will, by necessity, be issued. In the English language, the meaning of ?we may issue? in no way means that ?we will issue?. These 14 day period is a strong encouragement for the husband to respond to the allegations of his wife.

RUMOUR 2: ?Maktabah Salafiyyah issued a khula? to a sister without the knowledge of the husband ? he only realized his marriage was nullified once he returned home from overseas?

RESPONSE 2: This is baseless and untrue. Makatbah Salafiyyah has NEVER issued a khula? without the knowledge of the husband and awaiting his response.

RUMOUR 3: ?Maktabah Salafiyyah issued khulas within a few weeks without giving chances for reconciliation?

RESPONSE 3: Another baseless rumour and untruth. One would not find a khula? issued within even six months of an application. In fact sometimes an application could take upto two years in some cases.

RUMOUR 4: ?Maktabah Salafiyyah issues many, many khulas to many, many brothers ? they hand out khulas like sweets!?

RESPONSE 4: Another baseless rumour and an untruth. In FIVE YEARS ? FIVE khulas have been issued in total. That can, in no stretch of the imagination be regarded as ?many, many? or handing out khulas ?like sweets?.

RUMOUR 5: ?Maktabah Salafiyyah aided a sister and her children and smuggled her out of the UK without the knowledge of her husband. And that Maktabah Salafiyyah gave the khula? unjustly and without the knowledge of the husband.?

RESPONSE 5: A complete fabrication and untruth. Regarding the case in question, then firstly, Maktabah Salafiyyah DID NOT issue the khula?, rather he gave the khula? himself.  Secondly, Maktabah Salafiyyah DID NOT arrange or aid or facilitate any sister or her children to leave the UK. In fact, Maktabah Salafiyyah was COMPLETELY unaware of the circumstances of the sister leaving the country.  Thirdly, the brother HIMSELF released the sister and gave her the khula? at HER REQUEST ? with witnesses present. The wife and her guardian have borne witness to all of this. Maktabah Salafiyyah issued a certificate clearly stating that the wife requested the khula? and the husband agreed to the request and granted his wife the khula?.

RUMOUR 6: ?Maktabah Salafiyyah never refuse an application, no matter what issue it is and no matter how complicated.?

RESPONSE 6: Untrue. We have refused and sent back many applications for these very reasons.


** WHY WE SUSPENED DEALING WITH KHULA? APPLICATIONS **
CLARIFIED


The following are some of the reasons we have suspended receiving Khula? applications:

1.     Due to the great amount of time and effort it takes to deal with these cases.
2.     Due to the false rumours and misconceptions that are spread by some of the brothers which harms the reputation of the da?wah.
3.     Due to the complicated nature of some of the applications and the detailed investigations that are required which require sitting with a Judge. And this beyond our capacity at present.



__________________________________________________________


abunurani
08-28-2008 @ 1:00 PM    Notify Admin about this post
abu naimah Shamsuddin ibn Harold Simmons (rochester, ny, USA)
Member
Posts: 28
Joined: Aug 2006
          
al-h\Hamdulillah wa salatu wa salamu 'ala Rasulullah wa 'ala Alihi wa Sahbihi wa salam

wa'ba'd;

since suspending khula, what recourse or suggestion is there for  oppressed sisters, who are in bad relationships, was something put in place for them? How are the "weak and oppressed" helped?

Abu Nurani Shamsuddin






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