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Court issuing a khula

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: We filed khula case in the court and in reply of my husband’s lawyer was that they agree if we return to them the maher, which they hadn’t given us. Later they used delaying tactics to prolong the case just to torture me.

After three months we were summoned to the court but reconciliation was failed because I didn’t agree. The judge repeated the case in front of us and gave a khula decree in front of all of us including my husband, his father and my father. My rukhsati was not done. Is this khula right according to shariah?


A: In order for khula to be valid, the husband will have to accept the khula. Khula cannot take place without the approval of the husband. If the court issued the khula and your husband accepted the khula of the court, the khula will be 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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