Is asking for Talaq considered like Khula

If a husband has verbaly given his wife two talaqs on different occasions on her demand or on the suspicion that she wants a divorce from him then would it not come under the heading of khula or mere unintended confused statement when the picture clears that she never wanted divorce. 

 

In the name of Allah, the most Beneficent, the most Merciful.

 

Answer

 

If the wife asks in clear and unambiguous terms for a talaq whereby she says ‘Give me a Talaq’ then if in answer the husband replies in words or sentences which indicate Talaq like ‘I have divorced you’, ‘You have a Talaq’, ‘I have given it to you’ and ‘You are single’ etc then in such cases the request of the wife is fulfilled.  One Talaq Rajii takes place.

 

However, one should remember that whether the wife requests one or three talaqs, the choice of giving this is up to the husband.  It is the decision of the husband to give one, two or three Talaqs, or whether to remain silent or even refute her request.  The choice of the Talaq taking place is completely up to the husband. (Fatawa Hindiyyah p.56 v.1 & Aapke Masaail p.391 v.5)

 

Khula occurs where the husband refuses to issue a divorce to the wife after all possible means to rectify the marriage were done and the wife may persuade the husband to enter into and agreement of khul (a release for payment from the wife).  The jurists have written that if the husband oppresses the wife and makes her life difficult, then due to this she is forced to make Khula he should not take anything from her.  The wife should as a gesture on her part forgive the mahr.  If the woman is disobedient and the fault lies with her then the couple may come to an amicable agreement with regards to Khula where she returns to him her Mahr or she forgives it.  He may also, if he wishes, ask for her to return the things which he had gifted her with.  (Raddul Muhtar p.93 v.5)

 

Also Khula is considred a cancellation of the marriage and can only be carried out with the consent of the husband.  (Fatawa Darul Uloom Deoband p.173 v.10)

 

I hope from the aforementioned that we have understood the difference between Khula and requesting a Talaq.

 

Only Allah Knows Best

 

Mohammed Tosir Miah

 

Darul Ifta Birmingham.