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:

Is Khula will performed without husband acceptance? or without the presence of husband or any of representative from husband side?

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Khula without husband presence

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.

There are several ways of establishing a divorce in Shariah:

1. Both the husband and the wife come to an agreement that they wish to separate through divorce, and the husband then pronounces one declaration of divorce upon his wife….and if the couple do not reconcile before the waiting period of ‘iddah’ (three menstrual cycles of the wife), a divorce in the marriage will be established.
2. The husband alone wishes to divorce his wife; in such a case the husband has the right to declare a divorce upon his wife.
3. The wife alone wishes to divorce her husband; and there are two ways for her to achieve this divorce or ‘khula’:

1. She requests her husband that she no longer wishes to remain in marriage with him; and the husband declares a divorce upon her.
2. If her husband is not willing to grant her a divorce, the wife is well within her rights in Shariah to approach a Shariah Court and present her divorce case to the Shariah Judge. The Judge would then summon the husband and ask him to declare a divorce upon his wife and free her from the marriage. If the husband for any reason refuses, the Shariah Judge has the right to declare a divorce between the husband and the wife in marriage.

Your Question: Is Khula will performed without husband acceptance?

If the wife initiates a divorce proceedings in a Shariah Court of Law, and the husband refuses to declare a divorce, it is well within the rights and power of the Shariah Judge to grant the wife a ‘khula’ divorce from her husband. Absolutely regardless of whether the husband accepts the decision or not, a divorce will be established in that marriage in the Sight of Shariah Law.

Your Question: …..or without the presence of husband or any of representative from husband side?
If the divorce is initiated by the wife in a Shariah Court, it is the responsibility of the Shariah Court to summon the husband and/or ask him to send his representative to be present at the divorce hearing. Regardless of whether the husband or his representative choose to be present at the divorce hearing or not, if the Shariah Judge decides and declares the divorce, the divorce will be established in the marriage in the Sight of Shariah Law.

Whatever written of Truth and benefit is only due to Allah’s 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