what if husband does not agree to khula

what if husband does not agree to khula

1 year ago 33
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Khula is a process by which a wife can seek a divorce without the consent of her husband in Islamic law. However, a husband may attempt to deny his wifes request for khula, and if he disputes the grounds for khula or claims that he has fulfilled his duties as a husband, the matter may need to be resolved through legal channels. Here are some possible scenarios if a husband does not agree to khula:

  • If the husband disputes the grounds for khula or claims that he has fulfilled his duties as a husband, the matter may need to be resolved through legal channels.
  • If the husband does not consent to the khula, the khula decree given in court will not be valid.
  • If the wife dislikes her husband but he refuses to divorce her and he is not mistreating her, but she cannot live with him and she is not giving him his rights, then they must both try to set things straight. If these attempts prove to be fruitless and their life reaches an impasse, then khula is prescribed, whereby she should return to him the dowry that he gave her, then he should separate from her.

If a husband denies his wifes request for khula, the wife can seek the assistance of an Islamic court or a qualified scholar to help resolve the matter. In some cases, the court or scholar may attempt to mediate between the husband and wife to find a resolution that is acceptable to both parties.

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