Fatawaa

Subject : A woman has asked her husband for Khulu`, her gold, deferred portion of the dowry and furniture. Is she entitled to that, knowing that her husband doesn`t want to divorce her?
Fatwa Number : 1512
Classified : Khul' (divorce initiated by woman)
Fatwa Type : Summarized Fatawaa

Question :

A woman has asked her husband for Khulu`, her gold, deferred portion of the dowry and furniture. Is she entitled to that, knowing that her husband doesn`t want to divorce her?


The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

Khulu`* can`t takes place save before a judge of Sharia and he has the authority to make the suitable decision in this matter. And Allah The Almighty Knows Best.

* Khulu' is when parties agree to separate by way of consent, usually upon terms such as the wife agreeing to repay her Mahr (dowry) to the husband upon him agreeing to grant Talaq. The iddah period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post-menopause i.e. ceased menstruating. This is to ensure she is not pregnant. This differs from when a man gives a talaq; the iddah period is three cycles or three months.






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