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Is the khula letter with witnesses valid for khula and does it end my nikah to my wife?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My wife is not adjustable in nature and we have regular fights. And till now I have not given mahr to my wife. When I was in Mumbai and my wife was living in her parents’ home in Assam, I received a letter with signatures of three witnesses. In that letter it was written, that “within three months time, if I do not went to meet her or take her out from her house, then I can keep the mahr amount that I have not given to her with me against khula. It will be assumed that she has asked for khula and I have given her.” I received the letter and called her in mobile. She accepted that she and her parents have sent this letter to me. I got angry and did not go to take her. Since three years I have not met my wife. Now I want to know that is this kind of khula letter having witnesses valid for khula? Is she still in my nikah or not? Can she marry other man?


(Fatwa: 1333/1330/N=1433)

(1) Giving khula on condition is invalid as per the Shariah.
ولا يصح تعليقه ولا إضافته بدائع (شامى زكريا 5 :89)
Khula cannot take place only from wife rather if she offers khula it is necessary for husband to accept it. So it is mentioned in the book of Fiqh. Hence in the question mentioned above, the letter of khula which your wife sent you with the signature of three witnesses as per the Shariah – though three years had passed – khula was not valid between you.
(2) Yes, she is still in your nikah provided you have not given any talaq to her.
(3) Until you do not give her talaq or khula is not done as per the Shariah or the separation in some particular cases is not carried out between both of you as per the Shariah by Darul Qaza or Shariah Panchayat and the iddah is not complete after any of the above mentioned matter, she cannot marry any other man and her nikah shall not be valid. Almighty Allah says in the holy Quran:
وَالْمُحْصَنَاتُ مِنَ النِّسَاء [النساء : 24]
و فى الفتاوى الهندية (كتاب النكاح 1:280 ط مكتبة زكريا ديوبند): لا يجوز للرجل أن يتزوج زوجة غيره وكذلك المعتدة كذا فى السراج الوهاج سواء كانت العدة عن طلاق أو وفاة أو دخول في نكاح فاسد أو شبهة نكاح كذا فى البدائع اهـ .

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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