Question Summary:
Acceptability of Court Khula’

Question Detail:

I filed KHULA in court three years back because of dis-respect, dis-honor and untruth behaviour of my husband. He used bad words for me, my parents and also said that I will involve your family in false police case. He can do it as he knows many influential people in the society.

I spent both the time and the money to get rid from him and finally court awarded me khula three years back after a long and full of suffered period. At that time I didn't aware and even both my lawyer and the court didn't inform me that the husband acceptance on khula is required. The judge signed the khula paper in front of him and said it is valid now. Since then I live with my mother. We live separately since then (after court khula) but a few months ago I heard that husband agreement on khula is necessary. I contacted few ulama e deen and some of them said the court khula is valid and some said not.

Now I am in real trouble. He is an influential man of the society and you know a wicked person can go to any extent to take revenge. Also, he gets blames from everywhere including his mother, brothers and sisters as I heard. Everyone in my circle is aware that I have taken khula from the court and searching a new life partner. I am sure you are aware with Pakistani society and court system. If I ask that man to sign the khula paper now then I am sure he will never do it. I left my Mehr amount too. He took it. He will create new problems in my life. Even there is no one in my family who help me to do it. They all said that don’t do it. Court order is enough. He wants to have both wives. If I live with him he will punish and dishonour me again specially after this long shameful procedure. I don't want to live with him in any case specially after three years of khula (way better to live as is). You know it is impossible in my society to live alone. By heart I wanted to get rid with him since early of the marriage days. My mother, sister and relatives are trying to find another man to me for marriage. Can I do it.

I am not sure if I explained the whole situation or not but in a nut shell that I will be ruined if I asked my old husband to sign the khula paper. I feel myself helpless. Please advise me if the court khula is acceptable in sharia and can I have second marriage now. If not, please advise me how to deal with this case. FYI, my mother is an old woman and will no live longer and all of my brothers and sisters are married. I can't live with them because no one wants to keep me as they have their own families. I can't live alone in my society and finally living with that man is not an option in any case. 

Please help me and adivise me if I can get second marriage without sin with current court khula order.

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.   
In principal, Khula' without the consent of the husband is invalid.[1] Therefore, you are currently the wife of your husband and your marriage is still intact. We advise that you consult your local Judicial Ulama Body and apply for an annulment of your marriage.[2] The Judicial Body will observe the judicial guidelines in considering your application.
 
 
 
 
And Allah Ta’āla Knows Best
Hisham Dawood
Student Darul Iftaa
Chicago, U.S.A.
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net