Not adopting the Shar’ee procedure to annul the nikaah

Answered according to Hanafi Fiqh by

Q: I am from Karachi. When I was on duty my wife suddenly went back to her fathers house without my permission to hassan abdal dist attock and he forced me to give her divorce. When I refused, she went to court at hassan abdal and filed for a khula. She got khula from the court without giving back my 10 tola jewellery and she appeared in court and she took an oath that she has no jewellery. The judge gave her khula. Kindly tell me is the khula valid? She wants all her jahez saman back but she has all my jewellery and I have not signed any khula paper or given her any talaaq.


A: If you did not issue the talaaq nor make khula’, and similarly the correct Shar’ee procedures were not adopted to annul the nikaah, the nikaah is still remaining.

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, 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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