Q: I requested my husband to give me permission for Khula a day before my menses date, although he didn't want to give khula he accepted my request and said ‘I give you permission for Khula’. I tried to return his haq meher but he refused to take it and said he forgives it. Upon insisting he took 5000 out of 5 lac.
After that I came back to my parents house and I assumed my Iddah started, after few hours the same day I had my menses.
Please note all this happened only between me and my husband. There was no witness except Allah.
My question is, is my Khula valid? Are we no longer husband and wife? Because as per my husband he said he didn’t want to give khula from his heart, he only gave his consent on my request and it might not be the right procedure for Khula. Please guide me.
A: If he accepted the khula, then the khula is valid, even though it was not done happily. The khula will be regarded as one talaaq baain (irrevocable talaaq) and immediately after the khula, your iddat had commenced. Your iddat is three haidh (menses). Hence, this menses is regarded as your first menses, and upon the termination of your third menses, your iddat will terminate.
And Allah Ta'ala (الله تعالى) knows best.
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