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Khula’ with suggestive wording

Answered as per Hanafi Fiqh by ShariahBoard.org


Mualana i have one question regarding a conversation happen between husband and wife.. Husband is working in saudi arabia and wife is in India.
Wife : I want to go to one of my cousins marriage.
Husband : No! don’t go to marriage instead stay at home.
Wife : why what is the reason.
Husband : No reasons. I am telling you just you should not go to attend your cousin’s marriage.
Wife : then you cannot stop me from going to marriage.
Husband : are you kidding me.
Wife : No i am serious
Husband : No you should not go.
Wife : I hate you
Husband : then do one thing take Khula. i cannot bare more pressure from you.
Wife : Are you serious
Husband : Yes if you don’t like me you can go ahead and take khula.
Wife : Ok then i will go to my father and tell him about this.
After this conversation wife dint go her father’s house. Didn’t talk about this to anybody. Husband and wife spoke with each other and compromised by themselves.
Now my question is regarding the khula. Did the khula took place. Is the nikah nullified or not.
Khula’ with suggestive wording

الجواب وبالله التوفيق 

In the situation inquired about the Khula’ did not take effect with the dialogue occurred between the husband and wife. After this dialogue neither she went to her father nor she again expressed the desire to get Khula’ rather she kept quiet. Khula’ does not happen with the husband saying, “Go ahead get Khula’”. Hence this Khula’ did not take effect. Both are husband and wife as before.

واللہ اعلم  بالصواب

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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