Wife using her right to issue a divorce
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)
Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.