My question is about Khula'.
A woman has been granted Khula' by an Imam and there's been difference of opinions on whether the husband should agree to the khula' or not and there has to be some sort of transaction such as the return of dowry or gifts from the wife to the husband upon granting the khula'
This woman was in an abusive marriage, physically and verbally. Where the husband also forbade her from speaking to her parents or even visiting them and he would take control of her income. So after speaking with the local imam, the imam tried to get the husband to cooperate and that situation went on for few months. Since the imam didn't get any response or answer from the husband, the imam finally granted the wife Khula'.
The husband is refusing to accept the return of the mahr because he is committed to the fact that the wife isn't divorced (still married to him) for 2 reason:
1. He didn't pronounce the divorce words
2. He didn't agree to the khula'
So what the verdict in this situation, is the khula' valid?
Wa aleikum as-salam
Bismillahir-Rahmanir-Rahim (In the Name of Allah, Most Gracious, Most Merciful)
TO avoid any sort of complications, kindly also apply for divorce with the local court in your country. This will legalise the divorce and the husband will not have any legal ways in order to continue the marriage. So the divorce or khula will be enforceable legally and islamically as well.
All the best in her new life...may Allah give her a new caring husband
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( Note: I am not a mufti, if you are in doubt or want 100% accuracy please verify the above hadith with an authentic personality. However I have not altered any hadith and presented it as and how it was found. May Allah forgive our mistakes from time to time...ameen.)