Does the husband need to pronounce triple talaq for Khula??

[AHJ1]

Assalamu-Alaikum,

I have a query about divorce by 'Khula'.

What is the exact procedure of 'Khula'? Like for e.g.
For 'Khula' to take place does the husband have to pronounce triple talaq (verbally, say aloud) to his wife ion front of the witnesses?
Or
Sigining an agreement- 'Khulanama' is all it needs?
Please help.

Jazakallah khair.

[Signor]

Waalikum Assalaam

After reading your previous posts,I was able to understand your question in context.I am afraid none of us can provide help in this matter,Kindly contact your local Imam for guidance InshaAllah.

These few links can help to give a better understanding only

Khula‘: definition and how it is done
Procedure for Khula

According to Hanafi Fiqh
Difference between Khula and Divorce
Detail about `Khula Nama’

May Allah make things easy for you,Ameen

[Muhaba]

No, he doesn't need to say the talaq thrice. Once is enough. And it's not necessary for him to say it. Talaq given verbally or in writing are all equally accepted. It is also not necessary for the husband and wife to be present in the same place. The husband can give talaq and khula through an intermediary known as the 'wakeel' (agent) and the wakeel can deliver it to the wife. Whether talaq is given or khula, it's necessary to get the witnesses so there aren't complications later. Nowadays, it's also necessary to get everything finalized in court and get a statement of divorce from the court. Many governments (including some Islamic countries) don't accept the Talaq statement signed by the husband and two witnesses and require an official divorce certificate from a court.

The difference between the talaq and khula is that the talaq is given by the husband willfully while the khula is sought by the wife. The talaq must be given one at a time and never three at once. It has to be given at the time when the wife's state (whether she is pregnant or not) is known. (That is, after the end of the menstrual period or during pregnancy but not during the menstrual period and not at a time when it is not known whether she is pregnant or not.) After the first and second talaq the wife remains in waiting period known as the iddah. this is for three months or three monthly periods (or the duration of the pregnancy if the wife is pregnant). During the waiting period the husband can take her back. If he does, she continues to be his wife. If he doesn't, after the iddah period ends, she is fully divorced. If this was after the first or second talaq, the two can remarry.

After the third talaq, the wife doesn't remain in the husband's house - there is no iddah period because after the third talaq the husband can not take her back. He also can not remarry her unless she marries another man and he divorces her willfully after consummation of marriage.

As for the khula, it is given at the wish of the wife. The wife must return the mahr (dowry) unless the husband doesn't want it. There is no iddah waiting period but she may be made to wait one month to see whether she is pregnant before she can remarry. This waiting period is not spent in the husband's house. After the khula, the husband can not take her back but the two can remarry if they like.

Hope that clears it up.

[Muslim Woman]

:sl:



no husband should utter 3 talaqs , why should he when one talaq is enough ?

And Allah Knows Best.

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[Muhaba]

^That is right. Saying 3 talaqs at once is against the Islamic way and causes the wife to become irrevocably divorced. So use the word talaq carefully.

[Muhaba]

Waalikum Assalaam

After reading your previous posts,I was able to understand your question in context.I am afraid none of us can provide help in this matter,Kindly contact your local Imam for guidance InshaAllah.

These few links can help to give a better understanding only

Khula‘: definition and how it is done
Procedure for Khula

According to Hanafi Fiqh
Difference between Khula and Divorce
Detail about `Khula Nama’

May Allah make things easy for you,Ameen

That is sad. All men should know the rules of Talaq. If you don't know them, how are you going to use it correctly???

[Signor]

Assalamu Alaikum

That is sad. All men should know the rules of Talaq. If you don't know them, how are you going to use it correctly???

I am afraid none of us can provide help in this matter,Kindly contact your local Imam for guidance InshaAllah.

It is better to avoid giving advice in those conditions where physical presence of a Human is needed,some one you can rely on.(An Imam/An Elder of Family/A Scholar or Respected Personality of locality can understand and/or handle situation in a better context than members of an online community,as a matter of fact they can play their part).

Its not about lack of knowledge but choosing a cautious approach.

[Muhaba]

^why? she didn't ask whether she should get khula. she asked for the procedure. If one knows the procedure then one should inform her. There are clear commands regarding these things. It is not ambiguous. It's like someone asking about the way to pray.would you say that no one should tell anyone how to pray? Talaq is a very common thing because everyone is affected by it and unlike other religions and cultures, in Islam, the husband can divorce the wife at home without going to court. Then shouldn't all people be well-informed about this subject? and if they are, then what is wrong with telling someone how it's done?

The fact is that many, if not all, are uninformed. And it's important for those who know to tell those who don't.

Below are some verses about divorce:

O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah , your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah . And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.

And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah . That is instructed to whoever should believe in Allah and the Last day. And whoever fears Allah - He will make for him a way out

And will provide for him from where he does not expect. And whoever relies upon Allah - then He is sufficient for him. Indeed, Allah will accomplish His purpose. Allah has already set for everything a [decreed] extent.

And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.

That is the command of Allah , which He has sent down to you; and whoever fears Allah - He will remove for him his misdeeds and make great for him his reward.

Lodge them [in a section] of where you dwell out of your means and do not harm them in order to oppress them. And if they should be pregnant, then spend on them until they give birth. And if they breastfeed for you, then give them their payment and confer among yourselves in the acceptable way; but if you are in discord, then there may breastfeed for the father another woman.

Let a man of wealth spend from his wealth, and he whose provision is restricted - let him spend from what Allah has given him. Allah does not charge a soul except [according to] what He has given it. Allah will bring about, after hardship, ease. (65:1-7)

From Surah Al-Baqarah:

For those who swear not to have sexual relations with their wives is a waiting time of four months, but if they return [to normal relations] - then indeed, Allah is Forgiving and Merciful.

And if they decide on divorce - then indeed, Allah is Hearing and Knowing.

Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.

Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah . But if you fear that they will not keep [within] the limits of Allah , then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah , so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers.

And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah . These are the limits of Allah , which He makes clear to a people who know.

And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allah in jest. And remember the favor of Allah upon you and what has been revealed to you of the Book and wisdom by which He instructs you. And fear Allah and know that Allah is Knowing of all things.

And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis. That is instructed to whoever of you believes in Allah and the Last Day. That is better for you and purer, and Allah knows and you know not.

Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period]. Upon the father is the mothers' provision and their clothing according to what is acceptable. No person is charged with more than his capacity. No mother should be harmed through her child, and no father through his child. And upon the [father's] heir is [a duty] like that [of the father]. And if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them. And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable. And fear Allah and know that Allah is Seeing of what you do.


And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]. And when they have fulfilled their term, then there is no blame upon you for what they do with themselves in an acceptable manner. And Allah is [fully] Acquainted with what you do.

There is no blame upon you for that to which you [indirectly] allude concerning a proposal to women or for what you conceal within yourselves. Allah knows that you will have them in mind. But do not promise them secretly except for saying a proper saying. And do not determine to undertake a marriage contract until the decreed period reaches its end. And know that Allah knows what is within yourselves, so beware of Him. And know that Allah is Forgiving and Forbearing.


There is no blame upon you if you divorce women you have not touched nor specified for them an obligation. But give them [a gift of] compensation - the wealthy according to his capability and the poor according to his capability - a provision according to what is acceptable, a duty upon the doers of good.


And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah , of whatever you do, is Seeing.
(2:226-237)

[Signor]

^why? she didn't ask whether she should get khula. she asked for the procedure. If one knows the procedure then one should inform her. There are clear commands regarding these things. It is not ambiguous. It's like someone asking about the way to pray.would you say that no one should tell anyone how to pray? Talaq is a very common thing because everyone is affected by it and unlike other religions and cultures, in Islam, the husband can divorce the wife at home without going to court. Then shouldn't all people be well-informed about this subject? and if they are, then what is wrong with telling someone how it's done?

The fact is that many, if not all, are uninformed. And it's important for those who know to tell those who don't.

I honestly don't have any idea what you want me to understand,The little I get is (what you want from me) I need to know these things and convey them when necessary.

First of All its not "She" its "He" who is asking these questions.
Secondly I did what I can do for him,by providing him with links with fatwas from scholars (look at my first post here)
Thirdly I advice him to gave a visit to nearby Imam and don't just rely on internet for these issues.

I post in this section with good faith and the best I knew.If you have any problem with my posts,report them please.

[Muhaba]

^I'm not asking you to understand anything. I was just making a point. سبحان الله! No need to argue over it or even reply. End of topic.