A Case of a Controversial Khul’
Fatwa No: 461935


My husband and I got into an arguement via text. We were both mad at each other and our emotions got the best of us. He kept telling me to ask him for a khula and so I did. He then sent a voicenote saying that I was released and that he accepts my khula. Him telling me to ask for it, me then asking for it, and him then accepting it was all done out of anger. Is this khula valid or invalid? Are we still married? As we have reconciled since.


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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Though your question did not highlight whether or not Khul’ was for compensation, it seems that it looks like so - a point that is evidenced by the husband’s request from you to ask him for Khul’. As such, if this actually is the case, Khul’ is valid and you are thus divorced for one irrevocable divorce according to the majority of the scholars, which means that your husband no longer has the right to have you in marriage again except with a new contract. In other words, mere reconciliation between you is not enough if a new marriage contract is not concluded. Under Khul’, you are no longer the wife of this man, which means that the marriage contract should be renewed again. In case you had sexual intercourse with each other during that period of time, you won’t be sinful as long as you were ignorant of the Sharee'ah ruling on that. In case you became pregnant during that period, the child should be attributed to your husband since it is the result of Watt’ Ash-Shubhah.

However, if Khul’ was for no compensation, it is invalid, maintaining meanwhile that in case your husband intended to divorce you with it, this would be considered as revocable divorce, meaning that your husband still has the right to take you back without a new contract. As for Ar-Raj

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