Fatwa

  1. Fatwa
  2. Women and Family
  3. Separation of Spouses
  4. Basis, conditions and kinds of divorce

Divorce during waiting period takes effect
Fatwa No: 235003

Question

AOA, My husband gave me 2 divroces in Aug 2011 in a gap of one month. After that I got khula in July 2012 according to pakistani law in which my husband was not present for reconcilation and court gave the khula one sidedly.We had a mutual agreement signed by notary public that khula is granted however the execution of khula is left on the will of the two parties and we are taking all pending cases related to child custody and expenses are taken back. .Please let me know if there is any way we can reconcile. Regards,

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 question is not clear especially with regard to Khul’. It is not clear to us whether the Khul’ has been finalized, or whether it is still in the process of being finalized. In any case, what we can say to the questioner is that the first two divorces have taken effect, because the second divorce had taken place either after the husband had taken back his wife, and this is effective, or during her waiting period, and this is also effective according to the correct view of the scholars, because a divorcee during her waiting period is still one’s wife, so divorcing her is effective as we have explained in Fatwa 130849.

Khul’ takes place as one irrevocable divorce according to the view of the majority of the scholars, and this is the opinion that we adopt here in Islamweb. For more benefit, please refer to Fatwa 157545.

Therefore, if Khul’ was concluded, then you have become irrevocably divorced (with major separation) from your husband and you are not lawful to him again until you marry another husband [a sincere and valid marriage and he consummates the marriage with you, and then he divorces you or dies]. For more benefit on the types of divorce, please refer to Fatwa 82541.

Finally, it should be pointed out that in principle Khul’ is not permissible without the consent of both spouses, but there is an exception to this principle in some cases, like in the case of the two arbitrators, and similarly, when the judge rules it.

Allaah Knows best.

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