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Going to the court for khula’

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I filed a divorce complaint in court. I am in USA. There were many severe reasons caused me to go for khula. It’s been four months complaint is filed. And seven months since we are separated. Divorce takes long time in court system. I am all alone here with no support and very depressed. One of my cousin lives in an other state here. He helps me many ways. He also wants to do nikkah with me. Someone told me here I need to go for Islamic way of khula and can do nikkah with my cousin. Until court will decide to divide property matters involved. Is this possible?

Bismillaah

A: The khula is subject to the approval of the husband, not the approval of the court. If the husband does not accept the khula, the khula will not be valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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