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Khula’ from a court

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If a woman is issued a separation by filing khula from family court and a period of reconciliation that is three months is passed and a talaaq certificate is issued by union council, can she live again with the same husband? Or does she have to marry to someone else that is halaala?

Bismillaah

A: Khula’ is the right of the husband. Without the husband accepting the khula’, the khula’ will not be valid. If the Shar’ee procedures were not adopted to annul the nikaah, then you will still be in your husbands 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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