The husband’s consent is necessary for khul‘

Question

Question: Asima is from Hyderabad. Her nikah with Khusraw took place in Aurangabad; Aurangabad is the home town of Asima’s parents; this nikah was contracted among relatives. On the very second day after the bride’s send-off to her husband’s home, Asima’s parents and others learned that Khusraw has an illicit relationship with his own sister-in-law (his brother’s wife); for this very reason he lives apart from his parents and others, in the house of this same sister-in-law (brother’s wife)

Answer

Despite these painful circumstances the marital bond remains in place. For khul‘ the husband’s consent is necessary: as long as the husband does not accept the khul‘, khul‘ cannot take place. If Asima cannot bear these circumstances, let her somehow obtain a talaq from the husband — through the mediation of influential people, or by forgiving the mahr, or in some other way.

Source: Fatawa Mahmudiyya

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