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Court issuing khula

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: Pakistan family court granted me khula from my husband. Court called husband three times but he did not appear before the court as he was reluctant to end marriage. Instead his father and his wakeel were only present in court proceedings after summons. My question is if the Pakistan family court granted me khula from my husband and my husband did not come to the court, will the khula be valid as someone told me that your khula is valid only if your husband is willing. Without consent of husband khula is not valid in Islam. I want to remarry again to another person but I am confused that is my khula valid? I want to remarry again to another person but I am confused that is my khula valid?

Bismillaah

A: The khula will only be valid if the husband accepts.

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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