My sister got emotionally & mentally abused by her husband and Inlaws.Her husband is unemployed and not support her.He is not even listen when we try to resolve the problems with our elders.And refuse to give Talaq.Hence we went to our city QAZI(in Aligarh,UP),who after listen her complain issue her KHULA(talaq) in written which is also attested by city Mufti and Notary too.But we didn’t inform about this to her husband.What if he will challange this verdict in civil court .Will it be valid in civil law and will court approve it?We checked with All India Muslim Personal LAW Board also,they said it is valid. Pl suggest us something which will give peace to us as we don’t want to go Civil court.
Answer:
(Fatwa: 610/605=N)
Khula and talaq are husband’s rights. Khula can not be issued in husband’s absence. Khula will never be accepted until husband furnishes it orally or in writing. Therefore, you are suggested to send the khula nama written by city Qazi. Having gone through it, we shall have a say in the matter.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband