Fatwa: # 19639
Category: Divorce
Country: South Africa
Date: 12th December 2011

Title

Is a Khula’ taken from the court valid or not?

Question

If all reconciliation failed, she made istikhāra from an Alim, he did it twice and said to the woman to take Khula῾ as soon as possible. If she takes it from the court would it be applicable or not?


Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

Khula῾ can ONLY occur with the consent of the husband. Therefore, Khula῾ taken from the court will not invalidate the marriage.[1]

 

The women in reference will still be regarded as the wife and the marriage is still intact.

 

Since we do not have details concerning your situation we are not able to comment further.

 

And Allah Ta’āla Knows Best

Mufti Zaid Mohammed Shelia,
Student Darul Iftaa

USA

 

Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net


[1] ولا يجبر الزوجان على توكيلهما إن لم يوكلا.. كتاب الأم 5/209 دار المعرفة بيروت

ليس في الآية، ولا في شيء من السنن أن للحكمين أن يفرقا، ولا أن ذلك للحاكم.. المحلى بالآثار9/ 248 دار الفكر بيروت

والخلع جائز عند السلطان وغيره لأنه عقد يعتمد التراضي.. المبسوط للسرخسى 6/ 173 دار المعرفة بيروت

حيلة الناجزة 228 دار الاشاعت

 

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