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Khula through video call

Q:

Assalamu alaykum, my name is shaheen and I am a mother of 4 children. I live in Uk but my nikah was perfomed in india. I applied for khula from india because of my husband’s harresment and leaving me and my children Alone in uk for othe women.
The qazi sent him 3 notices to inform him to give me Khula but he doesn’t want to divorce me. The qazi told me for nikah Fashk. I have to, be in india and sign the papers in front of him but my situation is, that I tried my best I couldn’t go to india. I can’t leave my children alone here in uk. I am struggling financially and got some visa problems as well.
I asked him if he can send me the documents for my signature,like he send me the documents before for signature. I asked him if I can sign on video call in front of him with 2 gawahs. He said no you have to come to india. Please guide me what should I do? I can’t go to india. I am a poor woman and faced a lot of harresment because of my husband. Do I still have to face lot of difficulties to get khula from my husband.
Islam is so easy to follow and understand than why can I not get My nikah Fashk on video call? Please help me and guide me for this so that I can discuss with the qazi. May Allah reward you for this.

Jazakallah kher,
Shaheen

A:

Alaykum salaam

According to the Jafari madhhab there is no problem with you appointing a wakil over the phone who can act for you in the court in India. At the same time, many jurists insist on physical presence in order to ensure that the person is who they say they are and are not acting under duress. However, it seems that this is less an issue of Islamic law than the law of the land in India and as such the qazi might have to insist on your physical presence.

May you always be successful

Regards
ZoheirAli.