The Qaadi (Judge) Granted His Wife An Annulment Of The Marriage By Khula' In His Absence Without His Knowledge
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
My wife separated from me by khula' without my knowledge, and she sent me a
message to that effect to the wrong address, and she did not tell me anything
until after the court had granted her khula'. What is my legal position and what
is hers? What should I do?
Praise be to Allah.
Firstly:
Khula' is granted in return for financial compensation, such as if the wife
returns the mahr to the husband, or she gives up the deferred portion of the
mahr. The basic principle is that khula' should be granted by the husband, but
the judge may force the husband to issue a talaaq (divorce) or khula', if he
finds evidence that calls for that, such as if the wife is being harmed, in
which case khula' or talaaq may be granted through the court, in which case the
husband has no recourse but to refer to the court and try to convince the judge
to change his mind, or he can ask for an official fatwa to be issued by the
appropriate body in his country to declare the khula' null and void, which he
may then present to the court.
Secondly:
It is permissible for the judge, in the event that it is proven that the wife is
being harmed and the husband is absent, to separate them formally. Please see
the answer to question no. 12179.
Thirdly:
What you have mentioned about the notice from the court being delivered to the
wrong address is regarded as deceit and trickery on the part of the wife, so you
should appeal the ruling at the earliest opportunity.
And Allah knows best.
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