Title: As-salam-allayakum, My sister got married a year back. My brother-in-law is asking her to take Khula, whereas we want to keep the marriage. Following are the issues in marriage; 1) My brother-in-law has Pre-mature ejaculation and erectyle dysfunction. He also have performance anxiety, He is in mid 40's age. Rather than accepting this as problem and getting treated for it, he straightaway blamed my sister and now is asking that she takes khula as he is unable to enjoy sexual marriage life. My sister got checked by doctor and she doesn't have any problem. 2) My brother-in-law family was pressuring our family to get their uneducated daughter married to my brother who is younger to their daughter, this was no match and there was no agreement between our two families before or on my sister marriage. They kept on pressurising us for almost 6 months and now my brother is married, they are saying that everything is over. 3) My sister is not treated very well and her husband doesn't talk to her or support her. he also don't support her financially, infact always eyes for her salary. She is living with us and has only stayed with her husband for 35-40 days in one full year. Whenever She wants to go to her husband house, she is questioned why she has come and he (my brother-in-law) tell her come only when he calls her (which he never does). Please give us fatwa, in this condition what should we do? As my sister want to keep marriage and my brother-in-law wants she should take khula. Also, what are the rights of my sister, if she takes khula, does she get backs her jewellery, salary etc? Allah Hafiz

Question: As-salam-allayakum, My sister got married a year back. My brother-in-law is asking her to take Khula, whereas we want to keep the marriage. Following are the issues in marriage; 1) My brother-in-law has Pre-mature ejaculation and erectyle dysfunction. He also have performance anxiety, He is in mid 40's age. Rather than accepting this as problem and getting treated for it, he straightaway blamed my sister and now is asking that she takes khula as he is unable to enjoy sexual marriage life. My sister got checked by doctor and she doesn't have any problem. 2) My brother-in-law family was pressuring our family to get their uneducated daughter married to my brother who is younger to their daughter, this was no match and there was no agreement between our two families before or on my sister marriage. They kept on pressurising us for almost 6 months and now my brother is married, they are saying that everything is over. 3) My sister is not treated very well and her husband doesn't talk to her or support her. he also don't support her financially, infact always eyes for her salary. She is living with us and has only stayed with her husband for 35-40 days in one full year. Whenever She wants to go to her husband house, she is questioned why she has come and he (my brother-in-law) tell her come only when he calls her (which he never does). Please give us fatwa, in this condition what should we do? As my sister want to keep marriage and my brother-in-law wants she should take khula. Also, what are the rights of my sister, if she takes khula, does she get backs her jewellery, salary etc? Allah Hafiz

Answer ID: 5520Posted on: Sep 1, 2020

Bismillah hir-Rahman nir-Rahim !

(Fatwa462/29=L)

If the wife wants to keep nikah intact, the husband also should do so, and should give all rights of the wife (like food, residence and intercourse) to her. But if the husband does not like his wife and it is difficult for him to live together with her, the husband should pronounce a rajee talaq (revocable divorce) in a state of tuhr (when she is free from menses). After passing iddah, the wife will get out of nikah. She can take back jewels she possesses. The husband is not allowed to keep them with him. However, the jewels given by husband to wife for wearing but not as gift, such jewels belong to husband. In case, he had gifted her jewels then he can not take them back. The salary spent by wife on husband was gift from her side, as per Shariah it is not correct to demand it.