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Khula in front of a Qazi

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If a wife and husband both mutually agreed and signed on the khula papers infront of the Government Qazi and his two assistances. Is this khula valid or not? Her father and brother signed later but the husband demanded some amount, but he still did not take the amount. In this case, is the khula done or not? Does the marriage still exist?

Bismillaah

A: Khula is valid if the husband consents to it and the wife agrees to it.

If the husband had consented on accepting a certain amount then the khula is done. He can receive the amount whenever he wants.

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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