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Fatwa CenterA Shaykh granted her Khul' without any attempt at reconciliation
Question
Salam Alaykum, I wanted to ask if i asked for a khulu when in a very angry state and in a mental phsycosis is it a valid khulu? Also I want to ask that the sheik that did the khulu is not a judge or appointed by the court and he granted me khulu 30 minutes after i requested it without any attempt towards resolution solving and he did it over the phone as well. After i became well i realised i had done a big mistake and that i do not wish divorce and would love that my husband returns to me.
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 
is His Slave and Messenger.
It is not a condition that Khul’ be issued by a judge; rather if the Khul’ fulfils its pillars, it is a valid Khul’. Its pillars are: the two contracting parties (i.e. the husband and the wife), compensation and the wording of Khul'. Ibn Qudaamah 
said: “The wording of Khul’ is divided into explicit statements and metaphors. The explicit statements include three wordings: 'I have given you Khul’' … 'You have ransomed yourself' ...', and 'I have annulled your marriage'. If the husband says one of these three wordings, then Khul’ takes place even without intention. Anything besides those, like ‘I relieve you’, or ‘I separate you’, are metaphors; because Khul’ is one of the two kinds of separation, so it has explicit statements and metaphors, like divorce. If the wife asks for Khul’ and she gave the compensation, and the husband responded with either an explicit statement or metaphor of Khul’, then the Khul’ is valid even without intention (since the husband's taking compensation serves as intention in case of the metaphor of Khul'.”
On the other hand, Khul’ does not depend on (or require) the ruling of the judge. Ibn Qudaamah also said: “Khul’ does not require (the ruling of) the judge.”
Therefore, if the Khul’ was concluded with a known compensation, then Khul’ is valid, and your husband is entitled to the compensation. It should be noted that not handing over the compensation to your husband does not invalidate the Khul’, but it remains as a debt which you have to pay.
On the other hand, Khul’ takes effect as one irrevocable divorce according to the strongest view of the Fiqh scholars, as we have already clarified in Fatwa 157545. Therefore, if this is not the third divorce, your husband can take you back but with a new contract, since it is an irrevocable divorce with minor separation. For more benefit on the types of divorce, please refer to Fatwa 82541 and to Fatwa 89039 on the rulings of Khul’.
Finally, it should be pointed out that if there is no judge or if it is impossible to get to one, then the Muslim community may act on his behalf for the necessity. The Muslim community are the trustworthy and reliable people of knowledge, and one person is enough. Bulghatus-Saalik reads: “If there is no ruler (judge), then the trustworthy Muslim community may act on his behalf in this regard, and in every matter when it is not possible to get to a just judge; and one of them (trustworthy Muslims) is enough.”
For more benefit, please refer to Fatwa 147459.
Allaah Knows best.
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