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From Marriage to Khula: A Woman’s Struggle for Justice and a New Beginning

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: A woman married in August 2013. Her husband sent her back to her parents home two months later. She stayed there for more than a year. Then she claimed khula. Case was nearly to end when her husband did sulah on some conditions that he will send her naan nafqah and will make for her a separate house. Sulah was done on 30th January,2015. And till now she is at her parents house and her husband didnt fulfilled his promise of giving her naan nafqa and sepearte home for the last more than two years. Now she again clamied khula. Court now accepted her request and gave decision in her favour. Now she wants nikah to some other man. Can she do nikah immediately or wait for some time. And if wait then how much time she is required to wait. Some aalim said one haiz. What is the right period.

Bismillaah

A: Khula is subject to the husband accepting. If the husband did not accept, the khula is not 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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