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Fatwa CenterPronouncing divorce after accepting khul‘
Question
Assalaamu alaykum. If a woman asks for a Khul‘ (divorce requested by the wife in return for a compensation) and her husband refuses but she gives him her bridal gift before he accepts the Khul‘ and then one hour later he sends her a message on her phone and tells her, "It is OK, I accept to divorce by Khul‘." Is this Khul‘ accepted, or does she need to give another compensation? At first, he refused to divorce, but the woman put the money in his car, and then he went to his house and the woman went to her house (they did not live together), then he sent her this message. Then after two months, since she had doubts about this situation, she asked him to pronounce a divorce in case that it was not a real divorce, and he pronounced it. A few weeks later, he asked her if she would accept to become his wife again; she said yes, and he came to her house to ask her father to accept. Was I divorced from the first Khul‘ even though the money was given before he accepted? And if I was not divorced and he pronounced a simple divorce, is the fact that he asked me to marry him again considered like a return and did he take me back then like in a simple divorce? (We thought that we were divorced, and his intention was to marry me and not to take me back, because in our mind, this situation needs a new contract.) So are we divorced or married now? May Allaah bless you.
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, is His slave and Messenger.
We believe that the Khul‘ is valid in your case because the husband clearly stated that he accepted the bridal gift in return for the divorce. You are not obliged to pay another compensation for the Khul‘.
As for the divorce that he pronounced after the Khul‘, it is considered vain talk of no legal effect because the divorced woman by means of Khul‘ cannot be divorced again. The marriage bond had already been dissolved by means of the Khul‘. The husband has no right to revoke the divorce and take you back in marriage except with a new marriage contract. For more benefit, please refer to fatwa 88502.
Such matters should be referred to a Sharee'ah court, if any, otherwise, you should refer the case to trustworthy scholars in Islamic centers who can be directly consulted in this regard.
Allaah knows best.
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