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If a girl seeks Khulla before the Ruksati takes place, what is the procedure to be adopted as per Sharia. Is it Ok if the girl gives in writing to the boy that she would like seek Khulla from him mentioning a specific reason, and the boy agrees to it by signing on the same paper mentioning that he accepts her request for Khulla from a particular date. Other then the above is there any legal procedure to be adopted in this connection.

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As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Dear Brother, Asslamo Alaikum

If a girl seeks Khulla before the Ruksati takes place, what is the procedure to be adopted as per Sharia.

Is it Ok if the girl gives in writing to the boy that she would like seek Khulla from him mentioning a specific reason, and the boy agrees to it by signing on the same paper mentioning that he accepts her request for Khulla from a particular date.

Other then the above is there any legal procedure to be adopted in this connection.

Will appreciate your early reply.

Jazakallah

 

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Answer:

 


Khula divorce before rukhsati

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 236-237:

236 There is no blame on you if ye divorce women before consummation or the fixation of their dower (mehr); but bestow on them (a suitable gift) the wealthy according to his means and the poor according to his means; a gift of a reasonable amount is due from those who wish to do the right thing.

237 And if ye divorce them before consummation but after the fixation of a dower for them then the half of the dower (is due to them) unless they (the wife) remit it. Or (the man's half) is remitted by him in whose hands is the marriage tie; and the remission (of the man's half) is the nearest to righteousness. And do not forget liberality between yourselves. For Allah sees well all that ye do.

 

Your Question: If a girl seeks Khulla before the Ruksati takes place, what is the procedure to be adopted as per Sharia.

A divorce which is initiated by the wife in Islam is known as a khula in Islamic Jurisprudence or Fiqh.

 

If a couple are bonded in the sacred institution of nikaah and the consummation or rukhsati has not taken place, if for any reason whatsoever the wife seeks a divorce from her husband.the husband is well within his bounds to declare one pronouncement of divorce and a divorce will be established between the couple in the Sight of Shariah Law and of Allah Subhanah.

 

Because the consummation or rukhsati has not yet taken place, in such a situation the wife would not be required by Shariah Law to fulfill her period of iddah; and if the mehr had been fixed at the time of nikaah, the husband will be liable to pay only half the determined mehr amount to the wife.

 

If for any reason the husband is not willing to pronounce a divorce upon his wife, the wife would have to approach a Shariah Court and file for divorce stating her reason for the same. The Shariah Court will then summon the husband and ask him to pronounce a divorce. If for any reason the husband is still not willing to pronounce a divorce, the Shariah Court Judge will establish a divorce between the couple.

 

Your Question: Is it Ok if the girl gives in writing to the boy that she would like seek Khulla from him mentioning a specific reason, and the boy agrees to it by signing on the same paper mentioning that he accepts her request for Khulla from a particular date.

As long as the husband, in whose hands is the marriage tie, declares a divorce unto his wife.regardless of whether it is done verbally or in writing.a divorce will indeed be established in the marriage in the Sight of Shariah Law and of Allah Subahnah.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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