(#197)
Question
Salam Alycom, I have a follow-up question regarding answer (#183). The statement “Since Khula is an agreement of contracting Talaaq by means of a monetary/material exchange, a separation will not occur and similarly the husband will not be deserving or entitled to the exchange upon which they agreed upon without the condition of mutual acceptance of Khula.” How do you differentiate between a Khula issued without the consent of a husband and a Faskh-e-Nikah, considering the latter should be done by a Qadi(Judge)? Secondly, how do you determine if someone is a Qadi in a non-Muslim country? Jazakallah Khair
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaram
We have received your query regarding Khula and Faskh, our response is as follows:
The conditions relating to Fask-un-Nikah and implementation via a Qadhi have been mentioned in detail by Hadrat Hakeemul Ummah Moulana Ashraf Ali Thanwi rahimahullah in his book “Al-Heelatun Naajizah Le Haleelatel Aajizah”. The issues relating to Faskh-un-Nikah are complex and thus the Darul Ifta does not regard it necessary to delve into such complex issues for the general public. If there is any specific case which one wishes for the Darul Ifta to research on, then please do not hesitate to get in contact with the Darul Ifta.
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
28th Rajab 1445
9th February 2024
