Is the Khul valid if the husband does not agree to it
July 17th 2022
Question ID : 62d37d5aceab340629dbe482
Question
A women asked for a Khul because her husband was not giving her her rights . The woman spoke to one of the Imams in a local Masjid and asked for a Khul . She brought two witnesses and the husband said he too was going to bring witnesses but he delayed and the wife proceeded the Khul with the Imam and her witnesses . The Imam made her to record a voice message saying she has been divorced and sent it to her husband. But the husband didn't agree and wanted to reconcile. The husband still goes to the house and eats and he claims he hasn't divorced her. Is this Khul valid ?
Text Answer
وعليكم السلام ورحمة الله وبركته No my dear brother , the Khul is not valid. From the conditions for the Khul to be valid is that the husband should agree to it along with the agreement to be paid atmost the same amount that he paid her as her Mahr. If he refuses to accept the Khul then there is a third solution which is called Faskh ( which means he will be forced to mention the divorce in front of the Muslim judge or the authority for mentioning this word would be transferred to the judge himself ) . And in this case he will not be receiving any payback from her . And I believe you need to consult the official Muslim authority in your place ( the chief of the Muslim community in your place ). And Allah عز وجل knows best .
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