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Is it permissible in Islam for my sister to seek a khul’ divorce from her husband?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My sister married three years before but there is no issue still. Six months ago she became psycological patient and abnormal. after treatment she is well now but she refused to go to her husband. she tells that his husband and his parents are very cruel and they always victomised her mentlly. now she wants to get Khullah. But her husband refused to divorce though he did not care of her and in six months did not come to meet with her but always abuses her. We put pressure for divorce through Ulama but he did not ready to come for dialogues. after all possible measures one of the Alim allowed to go in the court of law for getting Khullah. Now she has registered case against her husband for Khullah. Is it correct in the shariah?

Answer

(Fatwa: 115=113/D)

The relation between the husband and wife should be normalized through counselling. If the disputes are not settled the husband should give divorce. If he is not ready to give divorce and persecutes her, then the wife can get Khula (conditioned divorce) and get rid of the man. Under these circumstances, the Shariah has allowed to put an end to the relation. Therefore, if the husband is not ready to give divorce and avoids discussing the matter of Khula then he is a transgressor. You can get Khula with the help of the court. But, what is procedure of Khula in Pakistani courts and the judges give separation or not, you should consult the local Ulama regarding the same.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

Original Source Link

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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