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I am asking this question for my sister. She got married 4 years back. After marriage her husband left to Dubai and was in touch for 2 years. But from around 2 years he is not calling and not coming to India, when he last called he said he wanted to give divorce, but did not send any papers. Now we want to take Divorce (Khula) from our side (girl’s side), please give details how can we take the divorce?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
I am asking this question for my sister. She got married 4 years back. After marriage her husband left to Dubai and was in touch for 2 years. But from around 2 years he is not calling and not coming to India, when he last called he said he wanted to give divorce, but did not send any papers. Now we want to take Divorce (Khula) from our side (girl’s side), please give details how can we take the divorce?

Answer

(Fatwa: 1679/1679/M=1432)

The consent of husband and wife is a condition in khula. Khula does not take place by one side. In the question mentioned above, the better option is that there should be no khula and no talaq and both should live as husband and wife. It is necessary on husband to fulfill his rights. Yes, if husband does not take care of wife and does not pay maintenance expenses then he should be demanded to give talaq. If he gives talaq then it is better; otherwise this case should be produced before local Shariah Panchayat. The members of the Shariah Panchayat shall look into the matter and pass their Shariah decision. If husband does not send paper then talaq or khula may be taken by phone as well.

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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