Khula in front of a Qazi
Question
If a wife and husband both mutually agreed and signed on the khula papers infront of the Government Qazi and his two assistances. Is this khula valid or not? Her father and brother signed later but the husband demanded some amount, but he still did not take the amount. In this case, is the khula done or not? Does the marriage still exist?
Answer
Khula is valid if the husband consents to it and the wife agrees to it.
If the husband had consented on accepting a certain amount then the khula is done. He can receive the amount whenever he wants.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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, please ask a Mufti. Report an issue
For corrections or mistakes, please email us at fatawasa786@gmail.com.
Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/20108
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-20108
People also ask
How does a wife get a khula?
“If he accepted the khula, then the khula is valid, even though it was not done happily. The khula will be regarded as one talaaq baain (irrevocable talaaq) and immediately after the khula, your iddat had commenced. Your iddat is…”
Mufti Online · 178 fatawa from 7 Darul Iftas on this
What the Darul Iftas say