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Question: Respected Muffti TSahibSlamMy wife taken khula from court. I have not uttered the words that I divorce you 3 times.Is it a must thing / condition for husband to utter words for 3 times that I divorce you.Second guide line I need isAfter court has given her khula Court has order her to give back 25 of prompt dower to me which was paid to her at time of Nikkah.Is it must to take 25 dower back from her or without taking 25 dower I can free her by uttering the words 03 times "I divorce you."Thanks and waiting your expert islamic reply please.
Answer:

 

Marriage, in Islam, can be dissolved in one of three ways:
 
1. Through talaq or divorce initiated by the husband in which case he utters the words of talaq or writes them down in words that are clear as commonly understood duly witnessed and communicated.
 
2. Through khula which is divorce initiated by the wife. In this case, there is no need for the husband to utter these words as long as a court has deliberated and issued a judgment to that effect. 
 
3. Through a judge dissolving the marriage in cases where both of the above do not apply, and a court needs to issue an order dissolving the marriage directly.
 
The issue you have raised has a bearing on both the 2nd and 3rd types of divorce. 
 
A court divorce granted following an application by a wife or even husband is deemed to be a valid Islamic divorce, and an Imam can issue a certificate to that effect. 
That is the considered opinion of expert jurists who specialize on the Fiqh of Muslim Minorities.
 
In conclusion, your wife is considered divorced from you even if you have not uttered the words of divorce.
 
Having said this, if you want to issue her the talaq in writing - to clear your conscience - you may do so.

 

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