Fatwa: # 16522
Category: Divorce (Talaaq)
Country: India
Date: 3rd April 2008

Title

Is this Khula Valid?

Question

my nikah was perform and rukhsati wasn't perform due to some reasons and we were expecting to perform rukhsati after 6 months, and during the course of time, me and my wife use to speak over a phone, initially every thing was fine and later some differences arise in my relationship with my wife, those were not very big issues but minor but my wife took it very serious and use to argue frequently over small issues, and those things seem to be torturing and i warn her to reform and that made her mad and she decided not to go for rukhsati and later she demand a khula. and elders too didn't make any compromise but they decided that if our rukhsati is done then may be we will fight in this way always and hence every one jump on conclusion for khula, though i never wanted to go for it but then my parents too told me to let her take khula.

and finally we all gone to Qazi office and that Qazi too didn't ask my consent and neither any one tried to resolve this but every one jumped on conclusion to get rid of this and finally they force me to accept to give her khula, but one thing is very clear that i have not accepted this with my heart and still i know that was only force and neither i did anything which is really harmful where one should go for a khula.


so wat is the ruling according to islam on such things like no one bother to do reconcilation rather then jumping on conclusion of Khula?


and i still belief that khula is not valid and i want you to kindly explain me this issue in light of Islam.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

We regret the contents of your email. If you did not want to accept the khula, you should have stated that and refused. Instead you accepted the khula. Therefore, the khula will be valid and it constitutes as one talaq-e-bain. The avenue of reconciliation is still open. You could still marry her if she agrees.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]