Validity of Judicial Khula Without Husband’s Consent

You asked about a situation where a woman seeks Khula due to her husband's oppression, but the husband refuses to grant it. Some religious scholars say Khula cannot happen without the husband's consent, but you need to understand this point clearly: there is a difference of opinion, and Khula is a woman's right. Many people who issue fatwas, specifically mentioning Mufti Tariq Masood, merely engage in wordplay and use other justifications.

Let me tell you the correct thing: if a woman does not want to live with her husband—whether because his religious practice is not acceptable to her, she simply does not like him, or for any personal reason—just as Allah has given the man the right to Divorce (Talaq), He has given the woman the right to Khula in exchange.

However, for Khula, there will be an inquiry; she cannot do it entirely on her own. If the husband does not agree, she must go to court. The court will summon him two or three times and then grant the Khula. Hanafis talk about Talaq-e-Tafweez (delegated divorce), while Maulana Maududi and Salafi scholars say Khula itself is a type of Talaq and the Iddat (waiting period) is three months.

It is mostly a matter of wordplay; one should avoid these complications. Sit the family down and tell the husband in front of them: "Because of these specific problems, our relationship cannot continue." Either the family should exert pressure, or the court will decide.

Just remember one thing: a woman who seeks Khula without a valid reason will be deprived of even the fragrance of Paradise.

Whenever someone comes to me, I ask them: "Are you ready for Khula or not?" This is gauged by whether you are prepared to leave your children and whether you are ready for marriage after the Iddat. If you are not, do not act in haste. Give yourself space, groom yourself, and protect yourself from the taunts of sisters-in-law.