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Is the Khula issued in this marriage valid as per the Shariat?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Dear Scholars of Darul-Uloom, Deoband ? Assalam-Alaikum I am writing to you again to kindly request your ruling on a Khula that has been issued in my marriage. I had emailed you long ago but did not receive a response. I’ll appreciate your quick response for this attempt. My wife had conducted herself in questionable manner during the initial 5 months of our marriage. She was careless about expenses and her social life. I requested her to control herself but she mostly responded with anger as she was brought up with complete freedom of her parents, who also expected me to change for her unconditionally. Noticing that I was unwilling to change for her, she isolated herself and overanalyzed our marriage before approaching an Imam and requested a Khula. She alleged that I did not love her and did not support her financially, which were both false claims. I challeged her allegations but the Imam insisted that she need not give any valid reason and she has the right to obtain the Khula even if I did not mutually agree with her. He suggested that she reconcile with me but she refused to talk to me or see me again. He obliged with all her requests. The Imam listened to only her side of the story and did not evaluate both of us. I questioned his procedure of being one-sided but he felt offended and took my wife and her family’s side. After much thinking, I finally accepted to agree with the Khula ONLY if my wife returned all the material (including jewelry) that was given to her for use (not gifts) and also asked her to be truthful about her reasons of non-obedience and non-cooperation in the marriage. The Imam ignored my requests and issued the Khula by claiming that he had the support of my father-in-law as a Wali. Now the Imam does not want to discuss further as he claims to be busy on other cases. I feel that my rights have been denied as a Muslim and a husband in Islam and I have been subjected an unfair procedure. Kindly let me know the following: 1) Is this Khula valid as per the Shariat? 2) Can it be issued only with the wife’s interest and her father’s support an without my agreement? 3) Should the wife return all the things she received as our family had joint ownership? 4) What should be done if the Khula is invalid? Kindly respond as soon as possible while keeping my name confidential. Jazak Allah.

Answer

(Fatwa: 2351/1837=H/1429)

Request some local muftis and ulama to record the statement of imam sahib and give their decision related to 1, 2, 3 and 4 questions.

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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