IslamQA

Khula’ from court

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Pakistan family court granted me khula from my husband. Court called my husband three times but he did not appear before the court as he was reluctant to end the marriage. Instead, his father and his wakeel were only present in the court proceedings after the summons.

My question is that if the Pakistani family court granted me khula from my husband and my husband did not come to the court despite the court sending him 3 summons. Instead my ex husband gave power of attorney to his father to pursue the case as my ex husband works abroad. So his father and his lawyer followed the court proceedings. The Shariee court asked both parties (his father who had power of attorney given by his son or my ex husband to pursue the case and his lawyer) for khula and both parties accepted the court decision.

My question is, is it still necessary for my husband to come to court personally or instead, can he send someone like in the above situation? 

Bismillaah

A: If your husband accepted the khula, the khula will be regarded as 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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