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Asking for khula via someone

Answered according to Hanafi Fiqh by Muftionline.co.za

Q:

1. The way a man could give his wife a divorce indirectly through a letter, a person, a text. Likewise could khula be done through someone and not directly through the husband. E.g the wife mentioning it to her parents and then her parents mention it to his parents and then his parents speak to him.

2. Also I had done istikaara as to whether it should divorce my husband (due to circumstances and also due to feeling that is will not be able to fulfill the religious obligations) in my dream the first day in remember seeing a red roast and a black car. Usually black and red are the bad colours. My question is have these two colours come because talaq itself is such a bad thing or that he should carry the divorce act out or not carry it out?

Bismillaah

A:

1. Yes, if the husband after being spoken to accepts the khula, the khula will be valid.

2. Talaaq is the right of the husband. The wife cannot issue the talaaq.

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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