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


Is this Khula Valid?


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.


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


Mufti Ebrahim Desai
Darul Iftaa

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