Is it possible to go to a mufti and get a KHULA without the husband agreeing to it also?

As Salaamu  Alaikum ,

1.Khula is among the legal rights which a wife has been given in Islam to bring an end to a marital relationship. It occurs when the wife gives a payment to the husband in return for a divorce/separation from him. When the wife offers a payment whether it be the Mahr which she got from him or anything more or less, and he accepts it and then releases her from the marriage while uttering words such as ‘I let you go’ or ‘I separate from you’ or other similar words, then the Khula occurs. This brings an end to the marriage and an irrevocable divorce takes place. The husband therefore, loses the right of reuniting with his wife, but both can remarry with mutual consent. The waiting period of khul’a is the same as that of divorce.

2.Khula occurs with the mutual agreement of both the husband and wife. Therefore, the wife cannot go to a Mufti and get a Khul’a without the husband agreeing to it. However, if the wife has valid grounds for seeking a separation from the husband, she can go to a Mufti or any other authorised body and ask for an annulment of the marriage with her husband. They will then look into the matter and bring about a separation between the husband and wife in accordance to the guidelines of the Shariah.

And Allah Knows best

Mufti Waseem Khan

3/01/2017