Shariah rules about divorce and separation
Author: Mufti Hafidh Syed Ziauddin Naqshbandi Qadri,
Professor, Islamic Law, Jamia Nizamia
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>> Introduction
>> 3 Ways of Reconciliation
>> Detailed rules of divorce
>> Pronouncing 3 Talaq In A State Of Anger
>> The Shariah Ruling Regarding Pronouncing 3 Divorces Simultaneously
>> Can woman give divorce?
>> Saying 'Talaq' without the intention of divorce
>> Using ambiguous/unclear words
>> What is Khula
>> Saying: I have given you Khula
>> Khula before starting to live with the husband
>> Remarrying the same person after Khula
>> Re-marriage before acceptance of Khula

 
 
Saying: I have given you Khula

Saying: I have given you Khula

 

If the husband tells the wife: I have given you Khula, then the intention of the husband comes into consideration here.  If the husband had said this with the intention of divorce, then a Talaaq Bain (Irrevocable divorce) is affected regardless of whether the wife accepts it (the Khula) or not.  Also, the Mehr (alimony) of the wife will have to be paid by the husband, as these words are among the suggestive words used for Talaq (Alfaz Kinaya in Urdu), in whose case if the intention is of Talaq, then a Talaq Bain is affected.  However, if the husband has used these words without the intention of Talaq, then there is no divorce affected.

 

Thus, if in the given situation, the husband had said the words with the intention of Talaq, then a Talaq Bain is affected and the Mehr will have to be paid by the husband to the wife.  If the intention was not of Talaq, then there is no Talaq. 

 

As given in Bahr Ur Raiq, Kitab Ut Talaq, Babul Khula
 

 
 
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