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Khula During Pregnancy: Does Talaq Apply?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I took khula when I was pregnant at about 5 months. My husband was told that the baby is aborted so he signed the papers. During the iddat he asked many times to re-join. I want to know that in this way does talaq apply or not?

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A: If the khula papers were done with the agreement of the spouses then you would be divorced.

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

Answered by:

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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