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Does khula’ take place without the acceptance of the husband?

Answered as per Hanafi Fiqh by Askimam.org

Salam, me and my husband got into an argument as he is cheating constantly, i have a week left till i give birth, last night i gave my husband back all my mehr with the intention of khula divorce, however he did not accept it and does not want to divorce. Is my nikkah broken. 




In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Sister in Islām,

If what you state about your husband is correct, his conduct is unfortunate and shameful. We understand your pain especially in the last stages of pregnancy. Whilst you have to endure physical and emotional pain; your husband is pursuing his desires. He ought to be giving you comfort and support, not pursuing his desires. You should use this opportunity to conscientise him of Allāh Ta’ālā and change his life. Adopt all possible means to ensure he reforms himself. He should be told about the virtues of adopting a lifestyle of shame and modesty. An environment should be created in the house which drives everyone to live a life of Allāh consciousness. The above could be done through conducting ta’līm daily, participating in educational programs and introducing Islamic literature. The family should start collective recitation of the book, ‘Faḍhāil-e-A’māl by Shaykh Zakariyyah at home as it has proved effective. He should be encouraged to spend some time in jamā’at. He should also adopt the company of  pious ‘ulamā and connect himself to a spiritual guide (Shaykh).

You should echo your sentiments to a reputable older person who may enjoy some influence over him and thus explain to him kindly, or contact a reliable local scholar whom he could confide in to overcome his problems. You should resort to ṣalātul Hājah and du’ā. Allāh Ta’āla is capable of doing everything.


In principle, the returning of the Mehr and requesting khula’, does not constitute a divorce. The husband’s acceptance is necessary for the khula’ to be valid. You state your husband did not accept it, thus, your nikah is intact. You may take back the Mehr, which you gave your husband.[i]

And Allah Ta’āla Knows Best

Ikraam Elias Gangat

Student Darul Iftaa

Checked and Approved by,
Mufti Ebrahim Desai.




بدائع الصنائع في ترتيب الشرائع (3/ 145

وأما ركنه فهو الإيجاب والقبول؛ لأنه عقد على الطلاق بعوض فلا تقع الفرقة، ولا يستحق العوض بدون القبول


درر الحكام شرح غرر الأحكام (1/ 389)

(ويفتقر إلى إيجاب وقبول) كسائر العقود


التاتارخانية ، (5/5)، مكتبة زكريا

الخلع عقد يفتقر إلى الإيجاب و القبول يثبت الفرقة و يستحق عليه العوض


الموسوعة الفقهية الكويتية (19/ 244)

وأما الحنفية فقد ذكروا له ركنين إن كان بعوض وهما: الإيجاب والقبول


فتاوی دار العلوم زکريا  (ج :3 ص: 236)

کتاب النوازل  (ج:10  ص:28)

فقہی مقالات   (ج:2  ص:135/193)



This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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