(#183)
Question
Asalam walaykum ,
I am looking for information regarding Khula process. Who I can talk to ??
Jazakallah
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaramah
We have received your query regarding Khula, our response is as follows:
“Khula” is when the wife requests a divorce by giving money to her husband. Khula generally takes place when it is not possible to bring about any reconciliation between the husband and wife and the husband refuses to divorce her, in such a case, it is permissible for the wife to give some money or her Mahr to her husband and tell him to let her go in exchange for that money. Alternatively, she could ask him to let her go in exchange for the Mahr that he is still owing her. In answer to her request, the husband says: “I let you go.” In saying so, one Talaqul Baa’in (irrevocable divorce) takes place. The man does not have the right to keep her back or to revoke his divorce.
The principle of Khula (whereby Khula will be valid) is that, it should be done by way of offer and acceptance i.e. upon mutual agreement and consent between the husband and wife. Neither of them has the right to compel the opposite partner against his/her will. 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.[1]
Thus the wife cannot unilaterally institute Khula without the consent and agreement of the husband. If a Khula is issued without the consent of the husband, then the status of such a marriage is that, it will remain intact, and the Khula will not be effective in this case. [2]
For more details on Khula, please refer to the book “Bahishti Zewar” of Hadrat Hakeemul Ummat Moulana Ashraf Ali Thanwi rahimahullah.
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
11th Safr 1445
29th August 2023
[1] (Ref: Raddul Mukhtaar 441/3, Fatawaa Taatarkhaniyah 453’/3, Fatawaaa Mahmoodiyah 346/13)
[2] (Ref: Fatawaa Mahmoodiyah 346/13). Taken from Darul Ifta Azaadville Archives.
