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Khula: A Right Denied to a Harassed Wife

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have a serious issue concerning khula. My friends daughter is being harassed by her husband. He never did anything for his three children two daughters and a son. He also got married without informing. Now we would like to take khula which is her right, the qaazi says the husbands presence is needed. Sir he don’t want to leave her. Why is a husband who does not love his children and nor does he help them financially given that opportunity. Sometimes it is observed that they demand money for talaaq, is it fair? Please suggest what is the remedy or solution?

Bismillaah

A: Khula’ is the right of the husband. Without the husband accepting the khula’, the khula’ will not be valid

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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