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Khula without the husbands consent

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have question about my idath. I live in usa. Now I am married with my second  husband. I have a child. He is two years old but in my past with my 1st marriage we had separation in may 2007. I have one child from him too. Then I got khula by usa court. He never came to the court. We sent him so many letters and sommons, still he did not appear to the court. After that I got a khula in april 2010. My family was not here, after khula I went to my country in end of april. When I came back to usa I got married in june 23 2010. I got married because I was alone I don’t have anybody to support me. I had one child but during that period my idath was complete because some people told me for khula only one month is enough for iddath and I spent two and half months. In the past I was seperated since 3 years. I never saw him until now since 2007. Another question is is my khula complete by usa court? I am very worried because i’m married know and I have a child from my second marriage. Please solve my problem.


A: The khula is complete when it is done by the husband. The court has no right to do khula on behalf of your husband without his consent.

And Allah Ta’ala (الله تعالى) knows best.

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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