• Social Matters >> Talaq (Divorce)

    Question ID: 44155Country: India

    Title: Khula Procedure and Child Inheritance after Khula.

    Question: Zainab gets Khula after one year of long dispute with husband Zaid. 3 Lack rupees were settled from Zaid to Zainab. Now the couple has 1 child aged 3 years. Please explain as per Shariah who will look after the child after Khula takes place and whether the child will get inheritance when Zaid passes away or Zaid bears any responsibility to take care of child after some years. And also please explain the basic procedures to take Khula.

    Answer ID: 44155

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 332/255/H=1434) (1) For what purpose did Zaid give his wife 3 lakh rupees? Does the wife confirm the same or refuse it? If the procedure of khula was correct as per the Shariah then the care of the child and the right of his nourishment shall go to the divorced wife provided she does not marry the non-mahram of the child. And reasonable expenses of the child shall be wajib on Zaid. (2) If this child is alive at the time of Zaid’s death then he shall be entitled to receive the inheritance of his father (Zaid) in every case, i.e. the child shall get his Shariah rights. (3) The child will be in the custody of mother for seven years in case it is a son and up to the age of 9 years if it is a daughter. After this period the responsibility of education and bringing up etc shall be of father (Zaid) and the mother shall return the child to Zaid (father). (4) If the husband agrees on mahr or more for khula and accepts the offer of wife then khula shall take place. But if the husband does not agree then one sided khula shall not be valid.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India