Q: I filed for khullah in court on Feb 2014 and got khula’ in my favour in June 2014 because my husband didn’t show up in court neither he contacted me and my family, as he always said I’ll never divorce you and neither will keep you as my wife. While I was in iddat (I planned to get a fatwa on my khula from muftiyaan when I got my certificate from court. The court remained closed in August. I got written divorce from my husband today almost three month after the court granted me khul’a and on the 17 th month of our separation. Kindly guide me about my iddat period as the court iddat will be finished on the 10th of September. What should I do now as Sunnah. Please advise me. He didn’t even bother to give me nafqa since our nikaah and didn’t pay my maher as well.
A: The court does not have the right to unilaterally give khula`. The khula` is only with the husband’s consent. Hence, the court’s khula` is null and void. The iddat will commence from the time your husband had issued you a divorce.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)