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Divorce and Waiting Period
Post 045
✅Khula – Description and Orders - 05✅
Issue:
If Khula is arranged in return for alcohol, pork or dead animals and not a monetary item then Khula is invalid but an irrevocable divorce is valid and there is no liability on the woman. If a woman has nothing in her hand and says ‘I want Khula in return for what is in my hands’ and the husband agrees then nothing is payable by the woman.
(Durr E Mukhtar, Joharah)
Issue:
If the husband offers Khula with the intention of divorce and the wife accepts then this constitutes a nonreversible divorce and the Mehr will not be cancelled, it has to be paid. Even if the woman does not accept it the rule is still the same. If the husband says that he did not say it with the intention of divorce then it will not be applied until the woman accepts it. If he says that I will give you Khula in exchange for such a thing then it will not be applicable until the woman accepts his proposal. If the man states that he did not mean divorce after the woman has accepted then his words will not be believed.
(Khaaniya, Bahaar)
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