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Can a Moulana issue a Khula divorce without the husbands consent?

Answered according to Hanafi Fiqh by TheMufti.com

Q. As Salaam u alaikum Mufti Ismaeel Bassa, I have been having some issues with my wife and she filed for Khula. I was summoned for a meeting and did not agree with the Moulana who was present and decided to leave the meeting room. the Moulana had advised my wife to sit for Iddat as he would be granting Khula which I have not agreed. So she sat for Iddat and did not advise that she is a free woman. I need to find out:

1) If I did not agree the Khula, can they issue it?
2) If they issued it, am I not entitled to receive a copy of the Khula?


A. Khula refers to the wife returning the Mahr amount or any monetary value to the husband in exchange of the husband issuing a divorce to the wife. For the Khula to be valid, the husbands consent and approval of a Khula in exchange of a divorce to the wife is necessary. Hence, if you have not consented to the Khula, the Khula will not be effective and your marriage will remain intact.

We advise you and other couples to seek advice and counsel from reliable and reputable Ulama/Ulama Bodies for all aspects of life especially in such sensitive issues.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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