Has the divorce taken place?
Published as Giving one's wife the right to divorce
Question
My husband texted me that he is giving me the authority to make khula..and he also told me that I am free to fly ..when I asked him if he meant divorce by it..he said he meant i am free to choose between staying or leaving.. has the divorce taken place?
Answer
If he has given you the right of khula then he has given you the right to divorce yourself for an exchange like the mahr etc. Hence, if you do accept this, this will amount to a divorce.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/25703
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-25703