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25-09-2012, 04:42 PM
Salaam. Would like to know more about khula (divorce initiated by woman with husbands agreement) please? How does it work? Where can it be done?
Jazakallah in advance

Mufti Yusuf Moosagie
26-09-2012, 05:29 PM
بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ

Wa’alaikum Salaam Warahmatullâhi Wabarakâtuh

Khula takes place when a wife requests to be release from the bond of marriage and she offers to pay compensation for this. The Shariah has advised that the husband only take from his wife that which had given to her i.e. She should return to him the dowry that he gave her at the time of marriage .
Khula usually takes place when a couple fear that they cannot live happily together respecting each other's rights. This may be due incompatibility, bad character, dislike due to physical deformities, etc. The couple then with mutual agreement may enact Khula to terminate the marriage.
When a man makes khula with his wife, a Talaq-e-Ba’in comes into effect, the lady has to sit in iddah, the husband will be required to give her nafqah i.e. provide her with clothing, food and shelter within the iddah period. Further more, the husband can remarry her with a new nikah within or after the iddah period

Khula can be enacted in any place. There is no restriction in this regard. It does not have to be carried out by an organisation.
(Shaami v.3 pg.609 / Badaai’us Sanaai` v.4 pg.152 / Fataawa Mahmudiyyah v.13 pg.437)

AND ALLAH TA'ALA KNOWS BEST