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Fatwa CenterRulings of Khul’
Question
asslam o alikum i am married and i took khula from my husband i was not agreed to take it nor he has such wish. my family forced him to give khula. my uncle write that paper and forced him to sign it. now he says i did not left you and i also wants to go back to my husband he didnot spoke those words to me which i dont like to even write he was weeping in doing that now i am at my parents home is it right that i am divorced or not my family was threatening him if you will not do this we will kill you and so many. now people says that i am divorced but he still thinks me his wife and want to take me back.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
In principle Khul’ (divorce initiated at the behest of the woman) is not permissible except with the consent of both spouses as it is the woman who gives the money [compensation] and it is not permissible to force her to give her money in Khul’ without any sound reason. In addition to this, it is the husband in whose hand is the marriage bond, so it is not permissible to force him to leave his wife without any sound reason. Therefore, this is the principle but this principle might be changed sometimes for a sound reason.
On the other hand, threatening with killing and similar matters by those who are believed to carry out their threat is considered as a coercion that makes divorce or Khul’ not effective as clarified in Fataawa 162993 and 154947.
Hence, the above is our answer in general, as regards your case, a mere Fatwa is not enough as there are matters and accompanying circumstances that must be investigated. So, one must ask the scholars orally about the issue.
Allaah Knows best.
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