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Is this Khula valid without husband’s consent and knowledge of the reasons?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalam-Alaikum – My wife has forcefully obtained a Khula without my consent through an Imam in the USA. She has not informed any genuine reasons to the Imam, who claims that it is permissible to grant her the Khula without a reason or husband’s consent. For the sake of obtaining the Khula, she came up with some false allegations against me that the Imam did not verify with me but agreed with her. She has been studying at a different city and denied me access to her during the last one year. Hence I was not given any chance of reconciliation by my wife. She has also taken away jewelry that my family had purchased for her use but as my wife. Being a only child, she has been offered unconditional support of her parents, who claim that I have spoiled their daughter’s life, which is not the case. Our marriage was not 100% in order as we both expected to live in two cities and meet often to support my job and her studies. Is this Khula permitted? Can my wife take away the jewelry? Should the reasons of the Khula be shared with the husband for mutual agreement? Is the husband’s consent not required at all? I am afraid that such exploitation of Islam is harmful to the institution of marriage. When asked about it, the Imam said that men also abuse their rights. This was not a good answer. Please let me know if this Khula is valid or can be revoked. I really love my wife and do not have any issues with her. I am willing to give her anything to maintain the marriage. What is the solution for this problem? Kindly respond as soon as possible as I am really worried. Jazak-Allah.


(Fatwa: 1737/257=B/1429)

Khula is rendered thorough the consent of husband and wife. It is unlawful to get khula or to get it done one-sidedly. You can take back the jewels you gave her to wear and did not give them in ownership. Also, you will have to return all the things given to you as dowry. Now, the matter has become controversial, so you must send the detailed statement of your wife along with yours so that the real story may be understood. It is very difficult to give any ruling hearing one-sided story.

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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