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Fatwa CenterThe judge refuses to give her the Khul' deed because of in-laws influence
Question
since 2012 march , I have been visiting Darul Qaza the Sharia court in Thane for Khula , my inlaws are powerful people and have bribed the Sharia court with money, and their dadagiri, as per Dissolution of Muslim Marriage act I am eligible to get divorce . The Kazi also agreed to this after following all the procedures required they have also taken the decision in my favour, but because of pressure from inlaws they have not yet handed me my Khulanama. When I call the kazi he speaks rubbish and ask questions that are vulgar. What should I do?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If the judge at the Sharee'ah-court is the one who issued the Khul‘, then his verdict is valid and Khul‘ is in effect even if it was not issued with the husband’s consent. Ibn Baaz 
wrote in his Fataawa: “If the husband refuses to attend the court with his wife, the Muslim ruler should annul the marriage contract and give her Khul‘ if she requested it and returned to him the Mahr (dowry) as indicated in the above-mentioned two Ahaadeeth and as dictated by the Islamic Sharee'ah.”
Hence, the only thing left for you to do is to receive the Khul‘ deed; so you should exert all possible effort to receive it. There is no harm in paying a sum of money (as a bribe) in order to obtain it. In this case, the person who takes the money bears the sin. The reported Ahaadeeth about dispraising bribery do not include the person who pays it for the purpose of warding off injustice. Such a person is not subject to the severe warning related to this matter. Al-Khattaabi wrote, “If a person offers a bribe in order to claim his right or ward off injustice, then he is not subject to the severe warning in this regard.” [Ma‘aalim As-Sunan]
For more benefit, please refer to Fatwa 87437.
You can also try to take your case to a higher judicial authority through help from trustworthy people in the legal field.
Allaah Knows best.
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