Sheikh Please help me. I cannot move on with my life until this matter is sorted. In march I requested khula from my husband and laid in front of him on the table money and gold. After a moment he said, “ok, I agree, but you have to put the terms down in writing and we sign it.
It then wrote under his dictation and signed it. He refused to sign it and said that he did not want to go ahead with khula. Was not khula actually granted the moment he verbally accepted. He says his intention was to start proceedings not that it was actually done when he said it. For the next 3 months I still kept asking him and we started to live separately as I could no longer stand to live with him.
In June after much pressure from me he said, “I release you”, and I handed him gold and told him he could have my land abroad. I asked him to sign document as proof and he refused saying he will do it later.
It’s now been 5 months later. He says he tricked me and khula was not granted as he says he said,”I will release you”. I don’t believe this is what he said. He is desperate to keep me especially as he needs me for uk visa. Are we divorced. I feel so angry and trapped that he will not give me my right. Am I divorced?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The main element [rukn] of khul’ is proposal and acceptance [ījāb and qabūl].
If your husband accepted your offer of financial compensation and gave you khul’ verbally then the khul’ is effected, which results in one irrevocable divorce.
The fact that a written document was not signed will not have an effect on the khul’ as it is not a requirement for the khul’ to take place. [i] [ii] [iii] [iv]
Accordingly, you are divorced with one Talaq – baain from March the time he accepted the Khula. If you have completed your Iddah which is 3 menstrual cycles, if you experience menses, or alternately 3 months if you don’t experience menses or not conceived, then your Iddah is over. You are free to marry any person of your choice.
And Allah Ta’āla Knows Best
Sohail ibn Arif,
Student Darul Iftaa
Checked and Approved by,
Mufti Ebrahim Desai.
وأما ركنه فهو كما في البدائع: إذا كان بعوض الإيجاب والقبول لأنه عقد على الطلاق بعوض، فلا تقع الفرقة [i]
ولا يستحق العوض بدون القبول
رد المحتار، ٣/ ٤٤١
[ii] لأنها معاوضة والمعاوضة لا تتم إلا بالإيجاب والقبول
تبيين الحقائق، ٢/ ٢٦٧
آب كى مسائل أور أن كا حل، ٥/ ٣٩٠ [iii]
فتاوى محمودية، ١٣/ ٣٤١ [iv]