If a couple agrees to khula’, when does the divorce take place, at the time of accepting the khula’ or after the wife pays the amount?

Assalāmu `alaikum Warahmatullāhi Wabrakatuh,

If there is no compatibility between the spouses and the husband is not willing to issue a divorce then it will be permissible for the spouses to doKhula’. Khula’ is when the couple relinquish their rights of marriage using the word khula’ or any other word which holds the same implications. For example the wife forgoes her right of mahr and the husband forgoes his possession of nikāh, or the wife gives some money and the husband leaves his right of nikāh. Khula’ takes the ruling of an irrevocable divorce (talāq bāin). Khula’ will be completed one the couple completesījāb (proposal) and qabūl (acceptance).

The agreed amount in lieu of the divorce will be a debt on the wife.

And Allah Ta’āla Knows Best

Mufti Ishaaq E. Moosa

Benoni.

Checked and Approved by,

Mufti Ebrahim Desai.

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