Asalaamu alaikum.
I was hoping you would be able answer a question in regards to requesting khula. I have been separated for 4 months and my ex husband as agreed to grant me khula. But i have been told that I need to had to have witnesses present at the time of requesing and/or the request needed to come from an ulima and not me, thus making mu Khula invalid. With my ex husband already granting me separation/unalment of the marriage is there anything else I need to do? Is the Khula valid?
Any help would be much appreciated.
Jazakallah
Answer
Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,
Khula is where a wife requests a divorce from her husband in exchange of some funds.
If the husband accepts the proposal of khula, then that will constitute a talaq-e-ba’in (an irrevocable divorce). If he does not accept the khula proposal, then the marriage will remain intact.
There is no need for any witnesses, nor is there a need for the Khula to be granted or even approved by any third party.
And Allaah Ta’aala knows best
Wassalaam,
Ismail Moosa (Mufti)