Q: My question is regarding khula. The wife demanded for separation from her husband and husband was not ready. Finally he agreed for separation (divorce) with a condition of their son’s custody and return of mahr and other financial settlement. The entire process was done in India by a lawyer on a legal paper and husband pronounced talaaq three times at one go (please note he had issued one talaq already few years ago) and they got separated. Now my question is, is this considered as second talaaq or khula? Also please be informed that they lived together 2 months after this procedure. So if this is khula that took place, is it right on them to live together? Are they sinning? Request you to kindly respond at the earliest so that I can stop them from sinning further or help them in the best possible way pleasing Allah.
A: This is issuing the talaaq in exchange of the money agreed upon. Hence, by the husband issuing the three talaaqs, the nikaah has terminated. According to the agreement, the mahr amount should be returned to the husband. It is no longer permissible for them to live together.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)