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Who signs the khula nama first? Does Talique take place if witnesses don’t sign?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
As-salamualikum, I want to know detail about `Khula Nama’ and some more things about Khula nama 1) Who sholud sign the khula nama first husband or wife. 2) If the husband and wife both have signed the khula nama but the witness dont does the Talique took place. 3) If the husband and wife both have signed in front of more than one person any body they may be, eg father, mother, sister and brother in law of parents side of wife and the decided witness was the brother in law and another witness was absent and both the witness dint sign the khula nama do Talique took place.

Answer

(Fatwa: 712/500/L=1431)

(1) Anyone from husband and wife can sign first; since the demand of khula is from wife hence she should sign first.

(2) If both husband and wife agreed on khula and they signed khula paper, talaq took place, the signature of witnesses is not necessary.

(3) Yes, it shall take place.

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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