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Is khula possible without the husband's presence?

Published as The procedure of khula

· 27 Jumada II 1435 AH1 min readEnglish

Question

Is khula possible without the husband's presence? What is the exact procedure for khula?

Answer

Khula can only be carried out by the husband himself. The procedure is that if the husband and wife cannot reconcile their differences and the wife wishes to come out of the marriage she may ask the husband to separate her in exchange of the mahr that was paid to her. Thereafter, if the husband agrees to this exchange he may proceed with the khula. For further details refer to http://muftionline.co.za/node/1616

And Allah Ta'ala (الله تعالى) knows best.

References (Arabic / Urdu sources)

وإذا تشاق الزوجان وخافا أن لا يقيما حدود الله فلا بأس بأن تفتدي نفسها منه بمال يخلعها به لقوله تعالى { فلا جناح عليهما فيما افتدت به } فإذا فعلا ذلك وقع بالخلع تطليقة بائنة ولزمها المال لقوله عليه الصلاة والسلام الخلع تطليقة بائنة. (الهداية 2/404)

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Questions about this ruling, answered only from the archive with sources.

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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/6604
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-6604

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