asalualikum,respected mufti sahib,my sister got married 2 years back,her husband always force her to get money from us for his personal habits(consuming alchol),due to this he has sold some of her jewels . we talked to his parents they say its an emotional out burst & SOCIAL HABIT,and asked us to ignore it,now my sister feels that she cant live with him so we approched quazi shaib in our town,for a khula,but her husband say he still wants to live with her in front of the qazi,sir, can you please help us to get a khula with out his signature since the qazi refuse to end the marriage with out his signature , we have already retured his MAHAR.
Answer:
(Fatwa: 171/27/TL=1431)
Khula can take place only with the consent of both parties. Therefore, if husband is not ready for khula, it cannot take place without his sign. But, if the husband of your sister is addicted to drinking and oppresses your sister, then your sister can raise the issue to the local Shariah Panchayat or Darul Qaza.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband