When a wife wants to ask her husband for khula does she have to do it in writing.....

6 Dec 2006 · 15 Dhuʻl-Qiʻdah 1427 AH1 min readFatwa 14783English

Question

I would like to know the following:

When a wife wants to ask her husband for khula does she have to do it in writing?

Also, does she ask for khula herself or should she ask her wali to do it on her behalf?

Can the husband ask for more than the mahr (dowry) as compensation for the divorce? Can the husband request the wife to give back gifts given to her at the engagement or wedding? Can he ask for more than this?

Can the husband refuse the khula? If so, how can she go about getting a divorce from her husband?

Answer

The request for Khula could be done verbally or in writing.

The wife could make the request directly or through her representative.

It is Makrooh for the husband to demand more than the Mahr (gifts etc) as Khula.

The husband has a right to refuse Khula. In that instance if the wife does not want to remain in the marriage for valid reasons in Shariah, she may refer to her local judicial body and request them for an annulment (Faskh) of her Nikah. The judicial body will be governed by the judicial principles and guidelines in considering the application.

And Allah Knows Best

Mufti Ebrahim Desai

Answered by: Mufti Ebrahim Desai

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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/14783
Fatawa SA: https://fatawa.co.za/fatwa/askimam-14783

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