12 years before my husband sent me one divorce notice when i was pragnant after 4 months of marriage that was arrange marriage. he sent photocopies of that notice to my relatives also. after delivery i took khula on the basis of that one divorce notice . now i want to clear according to sunni fiqa hanfi in islam that is it divorce or khula and can both of us remarry again in islam. i have a son also. i did not marry bet my ex husband is married.one thing i want to clear that after sending first divorce he took me back to his home when i oppologize him.then after delivery in very critical circum stances i took khula.

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 question is not clear, but our answer to you is as follows:

The scholars differed in opinion about Khul’ whether it is an invalidation of the marriage contract or a divorce. The view of the majority of the scholars including the Hanafi scholars, is that it is one irrevocable divorce in the sense that it is not permissible for the husband to take back his wife except with a new contract; for more benefit, please refer to Fatwa 88502.

Hence, if your husband had taken you back after the first divorce during the waiting period (if it was a revocable divorce and not Khul’), then this is a valid taking back of wife after divorce because it is permissible for the husband to take back his wife during the waiting period from a revocable divorce without a new contract.

Therefore, if your husband had divorced you a revocable divorce and then he took you back before the expiry of your waiting period from him, then he has the right to do so. Also, you have the right to ask for divorce even by seeking Khul’ if the continuity of the marital life harms you, like if your husband used to harm you by insulting you or beating you or other kinds of mistreatment. We have already clarified the revocable divorce in Fatwa 82541. Also, we clarified the kinds of waiting periods in Fatwa 87922.

Based on this, if Khul’ took place after the first divorce, then it is counted as a second divorce which is an irrevocable one (with minor separation). So, if you both want to remarry, you can do so, bearing in mind that you must have a new marriage contract and that you have only one more divorce remaining in the future.

In any case, the spouses should avoid problems as much as possible, and if any problems occur, they both should be wise in solving them without resorting to divorce or Khul’.

It should be noted that we have given you the answer according to the details that you have given at the end of your question, from which we understood that your husband had divorced you and then he took you back and that you have already taken Khul’ from him.

Allaah Knows best.