Jurisdiction of the Court | Husband Consent in Khula Part-4

 Evidence of Husband Consent in Hula and Court Jurisdiction: An Analytical Study - Part-4

Jurisdiction of the Court | Husband Consent in Khula Part-4 

Jurisdiction Of the Court:

The jurisdiction of the Islamic court is not limited, but the jurisdiction of the court is wide in the Islamic State. Allah Almighty says:

"Surely We sent Our apostles with clear arguments and sent down with them the Book and the Scales to uphold justice."

When the chain of prophets and messengers is finished, it is the duty of their heirs to establish justice among the people.

"People are treated fairly, that is, they are treated fairly in their business."

If the khula is considered a private and personal matter and the court is separate from it, then where will the aggrieved party go to seek justice? I will For example: Someone left an indivisible thing in his inheritance and he has more than one heir, now each of them does not use it or sell it to the other party and this thing is such that so many that they both use it. Until then, it is useless and it is feared that it will be lost. Now, doesn't the Islamic government have the power to prevent this thing from being lost and make it usable? Of course, the Islamic government has the right to prevent this thing from being lost, in which case it will look into the matter on its own and urge the heirs to resolve the matter if they still resolve their own issue. Otherwise, the court will decide what it deems appropriate in this case.

The Same is true in the Hadith:

On the authority of Abdullah bin Umar, may God be pleased with him, the Messenger of God, may God bless him and grant him peace, said:

It is narrated from 'Abdullah ibn 'Umar (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said: Each of you is a tutor and he will be questioned about his subjects . He could be puzzled approximately his subjects. "

The Quran mentions Islamic collectivism:

لاَّ خَيْرَ فِي كَثِيرٍ مِّن نَّجْوَاهُمْ إِلاَّ مَنْ أَمَرَ بِصَدَقَةٍ أَوْ مَعْرُوفٍ أَوْ إِصْلاَحٍ بَيْنَ النَّاسِ وَمَن يَفْعَلْ ذَلِكَ ابْتَغَاء مَرْضَاتِ اللّهِ فَسَوْفَ نُؤْتِيهِ أَجْراً عَظِيماً○

Most of the whisperings of people are not good except that one who commands charity or speaks about what is known or corrects among people and whoever does this for the purpose of gaining the pleasure of Allah, then We will soon give him a great reward. will reward

When an Islamic court adjudicates disputes and administers justice between them, it is also about inter-religious reconciliation and it has more right to do so because it has the power to enforce it and the means to obtain great reward.

Priority:

When a husband and wife have disagreements and they are afraid to break off the marital relationship, they must first solve the problem on their own. To appoint a court to resolve this issue of husband's family and wife's family and empower them to investigate the matter as Allah Almighty has said:

And if you are afraid of them, they will be judged by you.

If you fear a dispute between husband and wife, appoint a judge for the husband's family and a judge for the wife's family. Certainly, Allah is Omniscient, Perfectly Knower. "

And the court should decide in the light of their recommendations, because Allah Almighty said:

If you fear that they will not be able to maintain the two limits of Allah, then there is no sin on both of them for the wife to separate from him giving him compensation.

However, the court should only make a decision in this regard after a thorough investigation so that no complaint is filed and the court issues a decision without investigating and informing the husband.

If the case goes to the judge, the judge orders the husband to divorce. If the husband recognizes her and divorces her, the judge has the right to force her to divorce. Because the Holy Prophet (sws) ordered Thabit bin Qais to do the same. And it is obligatory to obey the ruler.

Imam Shukani writes:

He said in Al-Fatah: "This is a commandment, advice and correction, there is no answer to this, and I did not mention that it was only said about of reality".

It is written in Fateh al-Bari that the words of the Holy Prophet (peace and blessings of Allah be upon him) were for reconciliation and counsel, not for obligation (say Shokani) ۔

And writes further:

The hadiths of the chapter show that there is only one existence of separation before a woman becomes sufficient in the lawfulness of blasphemy.

In the related question, the words of the hadith clearly indicate that the mere fact of stirring up a quarrel by a woman is enough to justify blasphemy.

In other words, according to Imam Shukani, if a husband is offered a hula, then he must accept it, because the words of hadith are kakimiya and one must accept it, and the fear of an argument of a woman's share is enough. to justify blasphemy. And if the husband does not agree with this, the judge must, at his discretion, distinguish them. Leave his way. The Prophet (peace and blessings of Allah be upon him) made a distinction between the two, and the Prophet (peace and blessings of Allah be upon him) took this wealth as proof and left.