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How can I get a khula and legally separate from my husband?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My fatwa id is 6369. In regard to the answer i want to ask how can i get khula from him. Recently my husband came to my house and he gave me a beating again and abused me a lot. So i see that their are no signs of any improvments so i want to get seperated how can i ? He also called one of my friends over phone and said that he has given talaq to me and he can go and marry me. I think this is also a way of talaq in islam. If my friend gives a statement as witness in this regard then is my divorce valid please send me an answer as soon as possible i am having lot of mental stress and parents keep torturing me mentally with verbal abuses all the time i am not able to bear it any more. They also keep allowing my husband to come home and he keeps misbehaving and abusing me all the time. He justs wants a wife to sleep with thats why he wants to take me back. I do not want to go back he will kill me this time surely please help me in how to get seperated as soon as possible.

Answer

(Fatwa: 1579/1410=B/1429)

The witness of single person is not valid. If you want to take khula, it can take place with the consent of the husband. Khula can not take place one-sidedly. We have already replied you that you should call three-four people and resolved the matter, but you did not do so. This is the only solution.

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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