Dr. Mufti Syed Ziauddin Naqshbandi Mujaddidi Qadri
Shaykh Ul Fiqh, Jamia Nizamia; Founder - Director
Abul Hasanaat Islamic Research Center
فتاویٰ
> Worship > Chapter of Salaat > External & Internal condi
f:422 - Saying, I have given you Khula
Country : Hyderabad, India, Name : Not mentioned
Question: There was some alteration between the husband and the wife. The wife did not demand Khula, but the husband said: I have given you Khula. Does this mean that Khula will be affected and the wife?s right to Mehr will collapse? Please guide us.
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Answer:
If the husband tells the wife: I have given you Khula, then the intention of the husband comes into consideration here. If the husband had said this with the intention of divorce, then a Irrevocable divorce (Talaaq Bain) is affected regardless of whether the wife accepts it or not. Also, the dower (Mehr) of the wife will have to be paid by the husband, as these words are among the suggestive words used for Talaq , the ruling for which is that if the intention is of divorce, then an Irrevocable Divorce is affected. However, if the husband has used these words without the intention of divorce, then there is no divorce affected.
Thus, if in the given situation, the husband had said the words with the intention of divorce, then an irrevocable divorce is affected and the dower will have to be paid by the husband to the wife. If the intention was not of divorce, then there is no problem.
As given in Bahr Ur Raiq, Kitab Ut Talaq, Babil Khula
And Allah (Subhanahu Wa Ta’ala) knows best.
Mufti Syed Ziauddin Naqshbandi Qadri
[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
