Is the Divorce Valid? Kindly explain in detail what is Khula.

espected Brother-in-Islam%0D%0A%0D%0AAssalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuhu%0D%0A%0D%0AQ: Kindly explain in detail what is Khul'a. Will the Khul'a be valid if the%0D%0Ahusband does not agree?%0D%0AA: Khul'a is defined as follows: 'his (husband's) acceptance of wealth in%0D%0Aexchange of his possession (of the woman's hand) in the marriage. (Fathul%0D%0AQadir vol.6 pg.57; Rashidiyya).%0D%0A%0D%0AThe following verse forms the basis of Khul'a: 'If you fear that they (the%0D%0Aspouses) may not uphold the boundaries of Allah, then there is no harm upon%0D%0Athe two of them (spouses) in the ransom offered by her (wife).' (1:229)%0D%0A%0D%0AIbn Abbaas (Radhiallaahu Anhu) narrates that the wife of Thabit ibn Qais%0D%0A(RA) came to Nabi (Sallallaahu Alayhi Wasallam) and said, 'Regarding Thabit%0D%0A(Radhiallaahu Anhu), I do not fault his character nor his Deen (religion),%0D%0Abut I fear being ungrateful in Islam. I want to return his garden to him (in%0D%0Aexchange of Talaaq).' Nabi (Sallallaahu Alayhi Wasallam) asked, 'Do you%0D%0Areally want to do this?' she replied, 'Yes'. Nabi (Sallallaahu Alayhi%0D%0AWasallam) said (to her husband), 'She wishes to return your garden to you%0D%0A(in exchange for Talaaq). He asked, 'Do I have the right to (accept it)?'%0D%0ANabi (Sallallaahu Alayhi Wasallam) replied, 'Yes'. He said, 'Then I accept%0D%0A(the garden in exchange of the Talaaq). (Musannaf Abdul-Razzaak vol.5%0D%0Apg.391; HM Saeed)%0D%0A%0D%0AThe above can be further understood by the following: 1. Allaamah Kaasaani%0D%0A(RA) states 'contracting for Talaaq by means of an exchange.'%0D%0A(Badaai-us-Sanaaie; Ahsanul Fataawa vol.5 pg.382). 2. Imaam Zaylaa'ee (RA)%0D%0Astates, 'None of them have the right to compel their partner against their%0D%0Awill.' (Tibyaanul Haqaaiq; Ahsanul Fataawa vol.5 pg.382; HM Saeed) 3.%0D%0AShamsul Aimmah Sarakhsi (RA) stated, 'Khul'a is permissible in the presence%0D%0Aof the Sultan, i.e. presiding authority, or anyone else, because it is a%0D%0Acontract based on mutual agreement like all other contracts.' (Mabsoot;%0D%0AAhsanul Fataawa vol.5 pg.385; HM Saeed)%0D%0A%0D%0A%3EFrom the above quotations of the noble Qur'aan, Ahaadith and Fiqh%0D%0A(jurisprudence), it is clear that Khul'a is a contract by mutual consent%0D%0Abetween the husband and wife. The wife cannot unilaterally institute Khul'a%0D%0Awithout the consent %2F agreement of the husband. However, if the husband is%0D%0Aspiteful and withholds the divorce, the wife may contact a reliable Judicial%0D%0Acommittee to annul the marriage. If there are valid grounds, the annulment%0D%0Awill be considered.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A%0D%0A