Agency in divorce

Fatwa ID: 02299

Answered by Mufti Muhammad Adnan

Question:

I took divorce through sharee court as my husband was mentally torturing me and not giving me expenditure and not spending anything on me.i was just an object to him.i asked him for divorce  but he said he will not give me divorce so i asked help from the court.they called my previous husband in the court.instead he gave power of attorney to his father to attend the court proceedings as he had job in foreign country.his father attended the court proceedings.finally judge asked me for reconciliation as it was better to die than to live with my previous husband.so judge asked me to give my mehr of 29lac rupees in return.i accepted and signed.then he asked his father to sign he signed also.my 
question is that     

1) is my khula valid even my previous husband did not come to court and instead he gave his father to do court proceedings?
2) can a judge order the husband to take mehr and leave the wife
3) is the qazi  order to ask husband to sign divorce paper is valid. please answer me in light of quran and sunnah

Answer:

Bismillah

1) If the males father was appointed as an agent (wakeel) by the male himself to represent him in court, then it will be accepted Islamically and the Khulaa will be effective.

2) Yes, the male can also forgive the dowry he gave if he wishes so.

3) Yes

Written by Molana Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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