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Can a Khula Court Order be Challenged in Shari’ah?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If a lady takes khula from her husband from court. The court decided in husband’s absence. Is there any provision in Shari’ah that court order can be cancelled or challenged in court?

Bismillaah

A: The khula is subject to the approval of the husband, not the approval of the court.

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

Answered by:

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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