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Divorce and Waiting Period
Post 041
✅Khula – Description and Orders.✅
Khula means to take off. In this context it means to remove the bond of marriage (by women). Allah Ta’ala gave the husband the right to divorce and to balance the rights of the spouses He gave the women the right to separate. Giving up possession of something in exchange for ending a marriage relationship is called Khula. The woman has to agree to the contract otherwise it is not valid. The words that must be said are fixed and using any other words will not make the Khula valid.
Issue:
If there is continuous disagreement between a husband and wife and there is a fear that they will not be able to observe the limits of Shariah then there is nothing wrong with allowing them to perform Khula. Once Khula is performed then divorce becomes applicable and the woman must return the item or items she agreed to.
(Hidaya, Bahaar)
Issue:
The items that can be given as Mehr can be given back in Khula and things that cannot be given as Mehr can also be given back in Khula. For example, less than 10 Dirhams cannot be given as Mehr but it can be given back in exchange for Khula.
(Durr E Mukhtar)
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