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I and my wife belong to Ahl-Sunnat Jamat (Hanafi Maslak). We have a son aged about 3 years. My wife left my house two years back and did not return despite calling. She wanted Khula and therefore approached a Qazi with a request for Khula from Ahl-Hadith Mosque in Bangalore. The Qazi first called me on my mobile and the next day sent a public notice in an English newspaper stating that I have to appear before him the next day at Maghrib else he will declare an ex-parte in favour of my wife. I requested the Qazi to direct my wife to Darul Qaza of sunnat Jamat. Instead the Qazi unilaterally with out taking my consent has passed an ex-parte order and declared Faskh-E-Nikah when my wife had asked for khula. Is this order of Qazi of Ahl-Hadith valid?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
I and my wife belong to Ahl-Sunnat Jamat (Hanafi Maslak). We have a son aged about 3 years. My wife left my house two years back and did not return despite calling. She wanted Khula and therefore approached a Qazi with a request for Khula from Ahl-Hadith Mosque in Bangalore. The Qazi first called me on my mobile and the next day sent a public notice in an English newspaper stating that I have to appear before him the next day at Maghrib else he will declare an ex-parte in favour of my wife. I requested the Qazi to direct my wife to Darul Qaza of sunnat Jamat. Instead the Qazi unilaterally with out taking my consent has passed an ex-parte order and declared Faskh-E-Nikah when my wife had asked for khula. Is this order of Qazi of Ahl-Hadith valid?

Answer

(Fatwa: 1875/L=559-TL=1432)

We cannot say anything regarding the revocation of nikah until we do not see the complete detail of the case. You would better consult local Shariah Panchayat or Darul Qaza. They shall guide you in this regard.

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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