A case of invalid Khul'

5-5-2014 | IslamWeb

Question:

asak, i got married in the month of sept2013, dint had husband & wife relation. husband went saudi within 8 days of marriage. i was in my own mother's house for one month. later i decided to go live with my husband. but he dint accepted me & gave khula in december! he gave khula in the sense, he has just send me the khula nama which was signed by my father in law.it was not signed by my husband.is this a valid khula acc.to shariyat?or m still is in his nikah?

---

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

Khul’ has certain pillars and it is not valid without them, among which is the accepting of both parties: first, the husband or his authorized representative, and the wife or her guardian or her authorized representative; second, the formula of proposal and acceptance, like if the husband says, 'I grant you Khul’', and the wife says, 'I accept'. For more benefit, please refer to Fatwa 250558.

In principle Khul’ occurs only with the consent of both husband and wife.

According to what is mentioned in the question, some pillars are not fulfilled, and so, the Khul’ is not valid in this case.

Therefore, we advise you to consult an authority that is specialized in looking at the personal matters of the Muslims to study the matter and issue an appropriate ruling.

Allaah Knows best.