Darul Iftaa Mahmudiyyah

Does the validity of Khul’ah depend on the presence of both husband and wife in one gathering?

· 28 Rabiʻ I 1435 AH1 min readFatwa 28094English

Question

Does khula and subsequent divorce from husband needs to happen in the same gathering. As my ex-wife went to Qadhi and put khula papers when I was not in town, I later went and signed the papers. Did khula actually happen or not, as recently somebody told me both husband and wife needs to be in the same gathering otherwise khula will not happen. Please advise.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In order for us to issue a ruling, we need to know the background of the Khul’ah and the background of the documents etc. Furthermore, who is the Qadhi in reference?

And Allah Ta’āla Knows Best

Muntasir Zaman

Student Darul Iftaa
USA

Checked and Approved by,
Mufti Ebrahim Desai.

Answered by
Muntasir Zaman
Checked & approved by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/28094
Fatawa SA: https://fatawa.co.za/fatwa/askimam-28094

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