The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 20 No 09, p.4

My husband refused to give me Talaaq, so I sent my uncle with my jewellery to arrange khulah with him.

Question

My husband refused to give me Talaaq, so I sent my uncle with my jewellery to arrange khulah with him. My uncle informed him that since he refuses to issue Talaaq, the jewellery is offered to him for khulah. He accepted the jewellery which was handed over to him. Now after some months he claims that I am still in his Nikah because he did not understand the meaning of khulah. What is the Shariah's ruling?

Answer

He 'did not understand the meaning of khulah' but understood taking the jewellery. His lie and stunt should be rejected. Your uncle had mentioned to your ex-husband that the jewellery is given in lieu of the Khulah. He then accepted the jewellery. The Khulah thus is valid and final. If your ex-husband now claims that he did not understand the meaning of khulah, then it matters not. The Khulah is final. The only way that a reconciliation can take place is if you agree to enter into a fresh Nikah with him.

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