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Conditional khula’

Fatwaa ID: 1813

Question:
Salam I am.in the process of drafting a postnuptial agreement and had a few questions regarding khullah

Parties acknowledge that Wife is seeking a khullah (Islamic divorce) from Husband, and that Husband does not wish to consent at this time and has requested a waiting period. Husband agrees that by signing this Agreement, he herby grants Wife’s request for a Khullah on January 10 2024, unless request by Wife is revoked in writing prior to midnight on January 10 2024.

This would be the precise language

Additionally: if the husband agreed to give Wife authority to initiate divorce prior to their nikkah (though it’s not stated in the nikkah contract), is khullah still necessary? And if not, can the spouses still reconcile or enter into a new nikkah after

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

  1. The wordings above are suitable for the khula’. The khula’ would be effective on the agreed date unless the request is revoked by the wife as stated.
  2. We are unable to comment specifically on the case at hand as we do not know the exact words used to delegate power to the wife to initiate or issue a divorce. However, if the appropriate words of tafweedh were used by the husband then, then subject to the conditions of the delegation, she may exercise this right instead of requesting the husband for a khula’. However, this should preferably be done after consulting with her family and/or will-wishers.
  3. If a total of less than three divorces were issued, including the one in question, then the two may reconcile afterwards and get married again with a new nikaah.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

03/17/1445 AH – 10/03/2023 CE

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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