Procedures for Talaaq and Khula

Question ID: 
2211
sou***@gmail.com asks:

Question

Assalamualaikum.
What are the procedures to obtain a khula if the husband does not want to give talaaq?

Answer

Waalaikumussalaam wa Rahmatullahi wa Barakatuh

After trying all means to resolve a marital problem arisen between a couple and if it does not work out, in this case, the following steps should be implemented:

Firstly, the wife should ask for her Talaaq from her husband. If he gives it, well and good.

Otherwise, the second step should be followed which is Khula deal where the wife will offer something material (example her Maher) to the husband in lieu of her Talaaq.

If this too does not work out, the wife should go to a reliable organisation, in which the Ulama are involved to do Faskh (dissolution) of her Nikaah. This will be based on concrete evidence according to shariah law after hearing both parties.

The first two steps concern the wife and husband, they will deal with their matter accordingly between themself. The third step which is dissolution concern an organisation where a panel of Ulama are involved.

Answered by:
(Mf) Abdallah
For the Jamiatul Ulama of Mauritius