What is the legal position of the husband and wife if a Khul' judgment is issued without the husband's knowledge? And what action should the husband take?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Khul' (divorce at the wife's instance) is granted in exchange for financial compensation. The default is for the husband to initiate it, but the judge can compel the husband to grant it if there is a compelling reason. If the khul' or divorce is finalized through the court, the husband should appeal to the court to persuade it to reverse the decision or to issue an official declaring the khul' null and void. The judge is permitted to separate the spouses if harm is proven and the husband is absent. The court notice arriving at an incorrect address is considered fraud, and the husband should appeal the judgment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/4642
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 4642
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy