IslamQA

Khula

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My daughter  has been married  for 6 years and separated from her husband 10 months ago. She has been asking for talaq but her husband and his family have been playing delaying tactics. Finally they have agreed  to give her talaq and have asked her to do the following:

  1. Request talaaq by email message 
  2. Return the mehar given to her at the time of nikkah and return gold jewellery given to her at nikah. Will this be classed as khula talaq?

Will it be baain/ complete  talaq?  

She also has gold jewlery given to her by her grand parents at the time of nikah is she entitled to claim this?

bismillah.jpg

A: The khula is identical to a baain talaaq.

The jewellery that was given by the husband should be returned. The gifts given by others do not need to be returned.

وإذا تشاق الزوجان وخافا أن لا يقيما حدود الله فلا بأس بأن تفتدي نفسها منه بمال يخلعها به لقوله تعالى { فلا جناح عليهما فيما افتدت به } فإذا فعلا ذلك وقع بالخلع تطليقة بائنة ولزمها المال لقوله عليه الصلاة والسلام الخلع تطليقة بائنة. (الهداية 2/404)

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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