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Khula’ Process: My Sister’s Journey to Separation

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My sister is married for 18 months. Her husband is unable to fulfil her basic needs. So far she has given him sufficient time to do so but he is unable. Finally she came to us and we also tried through all sources to compromise but all results are negative. Finally she wants to use her right of khula’ with her husband. What is the process? She is separated from him since more than one year.

Bismillaah

A: If after exhausting all efforts he is still adamant in his wrong ways then you may request a khula or dissolution of marriage. The process is you request a khula in lieu of some wealth e.g. your outstanding mahr. After you have made this proposal and he has accepted then the khula has taken place and you have been divorced from him with a baain divorce.

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

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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