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Court issuing khula’

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I want to get you fatwa. Actually me and my husband remained together for one month. Then he went out of the country. I remained with his family for about 8 months then they snatched my jewellery and sent me to my parents home. My husband said he will send me divorce if I will not go back to his family. But I and my family said that either you or your family come and then I will go there but they never contacted us again. Then we went to court for tansik-e-nikha. My case is in court for about 2 years. We are separated for 2.5 years now. When I get khula from court then should I do iddat or not as he never gave me any naan and nafaqa and never contacted me even when he came to Pakistan.

Bismillaah

A: Without the husband accepting the khula’, the khula’ will not be valid and hence the talaaq will not take place. You will still be in his nikaah.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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