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Husband not agreeing to khula

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Question:

My husband gave me khula about 9 years ago, then he regretted it and we decided to get married again after about two months. And I said to him on the condition that whenever I want khula again in the future you have to give it to me, he agreed but nothing was witnessed and it wasn’t written down.

Now I want khula as we have many problems and he isn’t giving it to me. I am in Egypt and he went to London two weeks ago. Is my marriage automatically nullified as he isn’t doing what he agreed to, if not how can I get khula from him? May Allah reward you with goodness.

Shaikh Adel As-Sayyed:

The khula is not valid. She is still married to him.The divorce will not happen automatically like this. He has to divorce her, so the husband is sinful by not abiding to his promise, because we have to abide by our promises and conditions. Yet, divorce has not happened. She can file for divorce or khula in a court. Either she finds a way out with him or she goes to the court.

ri0169

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