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Khula without the consent of the husband

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I have taken khula from my husband in darul qadha. The qadhi has declared the khula since my husband refused to sign the khula document. So when can I marry again after the khula?

Bismillaah

A: The khula can only take place with the consent of the husband. The qadhi does not make the khula. He makes the faskh.

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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