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Does the khula stand if it was issued after the death of the husband?

Question:

What do the scholars and experts of shari’ah say regarding the following situation? A man passed away, unaware of his death, the following day a Qadi decreed the khula of the deceased man’s wife. Will this ruling stand?

Answer:

All perfect praise is for Allah ﷻ, The Lord of the Worlds. I testify that there is none worthy of worship except Allah ﷻ, and that Prophet Muhammad ﷺ is His Messenger.

If the situation is as the questioner has described, then the decree of of the Qadi will be batil (invalid). Khula cannot be applied here as the husband died whilst they were both still legally married. As the widow she has certain rights including a share from his inheritance even though she had petitioned for a khula.

And Allah ﷻ knows best.

This fatwa is written by Dr. Hafiz Muhammad Munir Al-Azhari