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Divorce and Waiting Period
Post 043
✅Khula – Description and Orders - 03✅
Issue:
As Khula is divorce for the man it is necessary for him to be of sound mind and post pubescent age because an insane or pre-pubescent man does not have the authority to divorce. Another condition is that the woman must be divorceable meaning if she has already been given a non-reversible divorce Khula cannot be performed even if she is in Iddat. Similarly, if the marriage has been annulled or the woman leaves Islam there is no Khula as there is no marriage to end because the marriage has already terminated. If the woman is serving Iddat for a reconcilable divorce then Khula can be performed.
(Durr E Mukhtar, Radd Ul Mukhtar, Bahaar)
Issue:
If the husband says ‘I want Khula from you’ but does not mention any amount or items then Khula has not been performed but divorce is applicable and is not dependant on the acceptance of the wife.
(Badaa’i, Bahaar)
Issue:
If the husband says ‘I free you on payment of such and such a thing’ and the wife says ‘ok’ then Khula has not been performed. She has to say ‘I agree’ or ‘I permit that.’ Only if this is said is Khula performed. In a similar manner, if the wife says ‘I will accept divorce for 1000 Rupees’ and the husband says ‘ok’ then divorce will be applicable.
(Hindiya, Bahaar)
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