Topics: Talaq

Can I Take My Wife Back After Khul’ Divorce? A Detailed Islamic Ruling

Understanding the Ruling on Khul’ Divorce and Its Implications on Marriage

In the Name of Allah, the Entirely Gracious, the Exclusively Merciful

  Question:

The questioner says: he divorced his wife three times, and the third divorce was khul’ (separation of the wife in return for a payment), she gave up all her rights in return for divorce, and he handed her the divorce papers. He says: and I have a son from her, and she is currently pregnant, and there are only a few days remaining until she gives birth, and it has become clear to me that sihr (magic) was done between us. Is it permissible for me to take her back?

  The answer:

There is a difference of opinion in this issue. The one who includes the divorce of khul’ to be from the three divorces, then she has separated from you, and she is not lawful unto you thereafter until she has married another husband other than you.

This view was adopted by the majority of the fuqaha (Islamic jurists), they considered khul’ as a divorce, so in this instance it is counted as a third divorce, even if he doesn’t utter the words of divorce. As for if he utters divorce then they considered it as a third divorce a fortiori. 

And the correct view in this issue, and Allah knows best, is the view which was adopted by Shaykh al-Islam ibn Taymiyyah and ibn al-Qayyim, and it is also the view of ‘Abdullah bin ‘Abbaas and ‘Ikrimah, and that is that khul’ is considered to be an annulment of the marriage contract, even if he utters divorce with the intention of al-fida (the wife giving the husband money in return for divorcing her). So, divorce in return for al-fida is an annulment of the marital contract according to that which Shaykh al-Islam (رحمه الله) considered to be preponderant.

And according to this, it is not considered to be from the three divorces, and it is permissible for you to take your wife back with a new marriage contract, and one divorce remains for you, and this is the correct view. 

And it is permissible for you to sign a new marriage contract with her before she gives birth, or after she gives birth, it’s the same thing. And she is not returned to you except with a new marital contract, because the divorce of khul’ is considered an annulment of the marriage contract, so there is no window for returning.

فتاوى فضيلة الشيخ محمد بن حزام الفضلي البعداني حفظه الله وتولاه

#Fatwas_on_fiqh

#Fatwas_on_women

#Fatwas_on_divorce

Author: IslamicHelper

Tags: Talaq
IslamicHelper

Recent Articles

The Role of Muslim Women in Reforming Society

Discover how Muslim women’s faith and obedience can transform society. Learn key Islamic teachings from the Quran and Hadith Read More

7 days ago

Unveiling the Truth: Hind bint Utbah and Hamza’s Martyrdom

Explore the authentic Sahih al-Bukhari narration refuting claims that Hind bint Utbah ordered Hamza's death Read More

7 days ago

Fajr Prayer: Key to Success in This Life and Hereafter

Explore the profound significance of Fajr prayer in Islam, its immense rewards, and why it's a crucial test of faith Read More

7 days ago

The Forgotten Third: Companions Who Abstained from Fitnah

Explore the often-overlooked third group of Companions who chose to abstain from internal fighting during a tumultuous period in Islamic… Read More

7 days ago

Ibn Hajar on Love and Hatred in Islam

Learn about love, hatred, and hypocrisy in Islam through hadiths and Ibn Hajar's insights Read More

7 days ago

Ruling on Calling a Wife ‘Sister’ in Islam

A husband called his wife 'sister.' Does this break the marriage? This article explains the Islamic concept of Zihar, its… Read More

2 weeks ago