Wants to return to her husband after taking Khul’ from him

16-3-2011 | IslamWeb

Question:

Kindly help me out.i was married last year,due to some misunderstanding 8 months after marriage i forced him for khula.But within 2 weeks after khula he returned back to me and said that he never accepted khula by his heart and it was only my parents pushing him for it which made him to accept that time and he still considers me his wife.We started dating again as husband wife without knowledge of my parents.Kindly let me know was it proper for me to go with him,if not what is the penalty we may have to pay and further can we remarry again in open?I love him very much and dont ever want to go away from him again.

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

We have already issued Fatwa 89039 clarifying the definition of Khul’. So, if this is what happened, then Khul’ had taken place. The fact that the parents forced the husband to issue this Khul’ does not prevent it from taking place unless this forcing reaches the extent of compulsion. Indeed, we have clarified the compulsion that is Islamically considered in Fataawa 90215 and 133315.

Moreover, Khul’ is considered as one irrevocable divorce (with minor separation) as clarified in Fatwa 88502. Therefore, now you are not a wife of that man, and going out with him is a sin from which you are obligated to repent and there is no specific expiation for it. Besides, he cannot take you back except with a new marriage contract; for more benefit on divorce, please refer to Fatwa 82541.

Finally, it should be noted that the spouses should be keen on achieving affection and love between them and patiently solve their problems.

Allaah Knows best.

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