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My sister wants jhulla from her husband his family is very money minded go to dargas etc so we want khulla they agreed to sign initially now they r not signing the papers and coming up with new problems everyday will her khulla still be valid if he doesnt sign tyhe papers he had agreed to the khulla infact his family and him had asked for khulla so initially so that they wont have to pay meher money to her.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
My sister wants jhulla from her husband his family is very money minded go to dargas etc so we want khulla they agreed to sign initially now they r not signing the papers and coming up with new problems everyday will her khulla still be valid if he doesnt sign tyhe papers he had agreed to the khulla infact his family and him had asked for khulla so initially so that they wont have to pay meher money to her.

Answer

(Fatwa: 948/751=L/1430)

 

The consent of both the husband and wife is necessary for khula to take effect. So, if the husband of your sister first promised to give khula and then denied the same, the khula will not take place. But, if the khula took place orally i.e. wife abandoned her claim of mahr (dower) and the husband in return said that he gave khula or gave talaq, then the khula took place, no matter he signed on paper or not.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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