Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterWants to take his wife back after she took Khul’ from a court
Question
Us Salaamo Alaiqum, We belong to Fiqah Hanfi. My wife went to attend marriage and later stay their for no solid reason we do have some family disputes but those were very minor. i tried all way to explain her and her famliy so that we live in peace but no one listen to me even i vist her and said lets go home but... we have one son as well. i try all my best to get her back but nothing happen later she took khulla from judical suite where i did not say or did anything. now after three years as love her and son alot and never forget anything between us interested to re merry what would be the right way? i.e. remerry in front of Imam with new dowery money etc? please note I never said or given those words which i dont like to write even so help me? I would like to bring her back in my life which will be good for all of us and our son as well. also how should i aproach her or her family her family is very rigid and issues but how should i reach them? she does not like my family members however for my son and my life I will live alone and explain to her as well that now ony we nothing else... please treat this as private and ask me anything question on my email for clarificaation as well. Jazzak Allah
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.
The stability of the Muslim family and the good marital relationship between the spouses is something Islamically required as well as the good relationship between the husband and his in-laws. Therefore, everybody should endeavor to achieve this objective. Allaah Says (what means): {And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought.}[Quran 30:21]
If the husband's or wife's family interferes between the husband and his wife, then they should interfere with what is good and in order to reconcile between them, otherwise they should stay away.
As regards Khul’, in principle it does not take place except with the consent of both spouses. However, the Islamic judge may issue it without the presence or knowledge of the husband as we clarified in Fatwa 122890.
Since this Khul’ took place by an Islamic court, then we cannot say anything about it. If you have grounds to appeal it, then you may do so in an Islamic court. However, if you have no grounds to appeal it, then you have to accept the matter.
In any case, Khul’ takes place as one irrevocable divorce according to the most preponderant opinion of the scholars 
as clarified in Fatwa 88502. Therefore, you cannot take your wife back except with a new contract and a new dowry and with the consent and presence of her guardian and two witnesses. As regards the presence of the marriage registrar, then this is not a condition for the validity of the marriage contract.
In order to convince her and her family, you should first of all seek the help of Allaah, and then the help of some rational people (who may influence them).
Finally, you should know that a separate accommodation is a right of your wife over you, and she is not obligated to reside with your family in one accommodation. For more benefit, please refer to Fatwa 84068.
Allaah Knows best.
Search Fatwa
Fatwa Subject
