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Does offer of khula mean Talaq

Answered as per Hanafi Fiqh by Tafseer Raheemi

Salam ustad see if you say to ur wife that you can ask for khula if your unhappy wiv me does that mean talaq. Sory for asking this question at this time but I cant get it out of my mind. Jazakallah

Walaikumussalam w w
No it does not mean talaq, it’s only an offer, then if she wishes, she could give something for khula. However, it would still be upon the husband to accept or refuse. He doesn’t have to. If he does accept, then it’s 1 talaqe baain otherwise, if he refuses, then she has to stay with him.

If she wants separation, then where there is a Qazi, he can give talaq on behalf of the husband. Where there is no shar’ee Qazi, they have to appoint two arbitrators who look at their case and force the husband to give talaq. This is according to hanafi research. The maaliki stance is that the two hakam should give the talaq if the husband becomes stubborn. Wassalam (Jadeed fiqhi masaail 3/45)

This answer was collected from Tafseer-Raheemi.com the official website of Sheikh Abdul Raheem Limbada (Hafizahullah) of UK.

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