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Khula without the consent of the husband

Nasihah (Advice): A wife should not ask for a divorce unnecessarily

 

Sayyiduna Thawbaan Radhiyallahu Anhu reports that Rasulullah Sallallahu Alayhi Wasallam said: “Whichever woman seeks a divorce from her husband without any harm (cause/reason), then the scent of Paradise will be unlawful for her.”(Tirmidhi)

 

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Question and Answer:

 

  1. As Salaam u alaikum, I have been having some issues with my wife and she filed for Khula. I was summoned for a meeting and did not agree with the Molana who was present and decided to leave the meeting room. the Molana had advised my wife to sit for Idat as he would be granting Khula which I have not agreed. So she sat for Idat and not advised that she is a free woman. I need to find out,

    1) If I did not agree the Khula, can they issue it
    2) If they issued it, am I not entitled to receive a copy of the Khula.

    Please advise me as I am don’t know much about these things.

    Jazakallah

(Question published as received)

 

  1. Khula refers to the wife returning the Mahr to the husband in exchange of the husband issuing a divorce to the wife. For the Khula to be valid, the husbands consent and approval of a Khula in exchange of a divorce to the wife is necessary. Hence, if you have not consented to the Khula, the Khula will not be effective and your marriage will remain intact.

We advise you and other couples to seek advice and counsel from reliable and reputable Ulama/Ulama Bodies for all aspects of life especially in such sensitive issues.

 

And Allah Ta’ala Knows Best

 

Mufti Ebrahim Desai 

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh.) 

 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

Twitter:@JamiatKZN

 

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