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Wife asking for khula

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My wife and I had a couple of rough months and two days ago she asked me for a khula by saying: “I want to do a khula” I asked her if she was sure two times and asked her why, she said “I am tired of your personality and of living with you” I said “OK, I give a khula without compensation” then she just left, took her belongings and went to her parents. Previously, I wanted to divorce her and use the three months of the iddah to maybe change my mind but she said that she can’t bear living with me 3 extras months knowing that I wanted to divorce her so strongly, she said emotionally she would be tired that’s why she wanted to do a khula instead. But in reality I didn’t mistreat her in a bad way or miss on my duties to her and she’s loves me a great deal. When she asked for the khula we were both sick and tired and we were back from a long travel, so we were not in most healthy mindset.

My question is considering all of of this and the fact that the condition of verbal offer and acceptance was really met and nothing was proposed from her part is our khula valid or are we still married?

Bismillaah

A: The khula is 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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