Khula valid
Mu' meneen Brothers and Sisters,
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:
Salam. I want to ask tht I got khula from court legally signed by the judge on 19 dec. but my husband was not agree to give khula n now he is trying to contact me n says tht u r still my wife coz I didn't sign the paper by myself n he sayz sorry for wht he has done n wants me to come back but I don't wanna go back as I can't trust him anymore. So my question is do I really need his sign to come out of his nikah n as itz already been a month of khula signed by the court so my iddat time has finished or stil 2 more months r left N ? what should I do to get his sign as he still consider me his wife n force me to talk to him.
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Answer:
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.
If you have got legal papers to prove that khula has been granted and a month of iddah has passed then you are legally separated and now your ex-husband becomes a non-mehram to you. You will need to perform a new nikah with witnesses and mehr conditions if you wish to marry this man. You do not need his signature for the khula to be valid. The judgement is sufficient.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,
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