Khul’ after two counts of divorce
Fatwa No: 367240

  • Fatwa Date:3-1-2018 - Rabee' Al-Aakhir 16, 1439
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Question

Assalaamu alaykum. I have a question. If a woman got two divorces, at two different acoasions, and the third time, she goes to a mosque to seeka Khul‘ (divorce obtained by the wife in return for a compensation for the husband), then after she has done the Khul‘, is she haram for her husband or not? The imam in the mosque said that it was not so. He said that the husband can take her back and that they can make a new marriage contact because, according to him, there is a difference between the Khul‘ and divorce, and it does not count as a third divorce.

Answer

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ʻalayhi wa sallam, is His slave and Messenger.

The scholars held different opinions on whether the Khul‘ is considered a divorce or an annulment of marriage. Some held that it is an annulment, while others held that it is a divorce (in terms of its legal effects). The latter view is the one adopted at Islamweb, and it is also the view of the majority of the scholars. Please refer to fatwa 88502.

Perhaps the imam who gave the fatwa that the husband can take his wife back with a new marriage contract and not consider her divorced three times follows the view that Khul‘ is a marriage annulment, and not a divorce. As we said, our view, at Islamweb, is that the Khul‘ is a divorce; however, we do not believe that there is any objection to following the other view.

Lastly, we stress that the spouses should be patient with each other and not hasten to divorce, as it may result in nothing but regret.

Allah knows best.

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