How does a khul’a take place?

As-salaamu ’alaykum,

I appreciate all of the help you provided me before in this matter and am trying to resolve this matter in the most Islamic way. For this I have a few questions that I really need the correct Islamic guidance on. 

The shuyookh who were presiding over the divorce told the other family that a payment agreement must be reached if I want so that I can grant the Khula. The other family did not agree to this and sought out another sheikh to grant them the khula without my knowledge. They have not disclosed who the sheikh is so that I can verify the procedure and process that he used to grant the divorce.  

Is this khula divorce valid? If it is not, how can I complete the divorce Islamically so that I have peace of mind that I am no longer married. I would like to finalize this issue as soon as possible given the length of time this process has taken. 

JazakAllah.

 بسم الله الرحمن الرحيم

الجواب حامدا ومصليا ومسلما

It should be understood that khul’a takes place when husband and wife mutually agree that the wife will pay a fixed amount to the husband and consequently be divorced from him. As soon as the verbal agreement is made between husband and wife, she will be divorced through a talaaq baain (an irrevocable divorce) and she will be liable for paying the settled amount to the husband. Therefore, provided that consummation or seclusion had taken place, the wife will have to spend the ‘iddah (i.e. the waiting period of three menstrual cycles) in the residence of the husband. If neither consummation nor seclusion took place, the wife will be divorced without ‘iddah.

If the agreement is not made by the husband and wife, rather by others who have taken consent from the respective parties, the khul’a would be valid.

However, if someone does the khul’a in the presence of the wife’s family without the consent of the husband, the khul’a would not count.

We hope these points resolve your issue.

والله اعلم

Allah subhanahu wa ta’ala knows best.

Taha Abdulkareem

Approved by Mufti Husain Ahmad Madani