Fatwa #2809429 January 2014United States of America
Does the validity of Khul’ah depend on the presence of both husband and wife in one gathering?
Question
Does khula and subsequent divorce from husband needs to happen in the same gathering. As my ex-wife went to Qadhi and put khula papers when I was not in town, I later went and signed the papers. Did khula actually happen or not, as recently somebody told me both husband and wife needs to be in the same gathering otherwise khula will not happen. Please advise.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In order for us to issue a ruling, we need to know the background of the Khul’ah and the background of the documents etc. Furthermore, who is the Qadhi in reference?
And Allah Ta’āla Knows Best
Muntasir Zaman
Student Darul Iftaa
USA
Checked and Approved by,
Mufti Ebrahim Desai.