Saturday, December 10, 2016

Divorce and Waiting Period

🌙SAHIH DEEN صحيح دين🌙

Divorce and Waiting Period
Post 042

✅Khula – Description and Orders - 02✅

Issue:
Khula depends on the woman accepting the agreement. If the woman agrees to return the goods then the divorce is valid and not reconcilable. If the husband says the words of Khula but the woman has not yet accepted the terms he does not have the authority to reconcile nor can he change the conditions.
(Khaaniya, Bahaar)

Issue:
Khula is on behalf of the woman whereby she can give up something in return for freeing herself from the marriage. If the woman initiates the Khula but the man has not yet accepted the terms the woman can reconcile or can postpone it. The postponement can be for longer than three days if she desires but the transaction cannot be postponed for longer than three days. If either of them leaves the gathering then the woman’s words are cancelled and negated.
(Khaaniya, Bahaar)

Issue:
Due to the fact that Khula is compensation it is conditional on the woman understanding fully what she is agreeing to and if she just says the words without understanding the consequences then Khula is not valid.
(Durr E Mukhtar, Bahaar)

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