Is a Khula’ Valid If the Woman Was Pressured into Agreeing?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

Is a khula‘ valid if the girl was emotionally pressured into agreeing, and her father initiated it without her consent, though it was done through a Sharia court?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

If the Sharia court asked your husband, and he signed the document agreeing to it, and the council accepted it, the khula‘ has taken place. However, you can remarry anytime with a simple renewed marriage contract (nikah) and a minimum agreed-upon dowry (mahr).

If you and your ex-spouse are considering reconciliation, you may remarry. If he refuses, seek support from family and friends to reconcile.

Khula; Release for Payment

A khula‘ is a release for payment that allows a wife to seek separation from her husband by offering compensation, effectively finalizing the cancellation of the marriage agreement. However, it only constitutes one irrevocable divorce, and not three.

[Ibn ‘Abidin, Radd al-Muhtar]

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I pray this helps answer your question.

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.