this is new thing i heard today .... 1 friend was separated from his ex like took khula from him but now she got back together with him ....... they say they will do nikaah again and its all good as khula = 1 talaq ... I thought halala is required to get back together with ur ex husband....
is that true? any idea folks?
Ask a mufti if you want a concrete religious answer. It doesnt reconcile with what I heard as well. Also remember that in every faith, everywhere, people try very hard (and some eventually do) to derive the meanings or conclusion which suits themselves. And above given scenario is an ideal example of that.
Well she has gone back to him without halalah which is not permissible. I am pretty sure about it.
A woman who has taken Khulla is free to marry again after completing her eddat. In case if khulla was just one talaq then would she be allowed to marry again? This simple fact proves khulla is full divorce in islamic law.
There are several small but crucial details missing to make a judgement about the scenario you described. Just for the sake of argument, I?ll assume that the ?khula? took place through a court following only man-made laws and no Islamic laws were entertained during or after court proceedings and husband did not explicitly divorced her(once, twice nor thrice). In that case, the original nikah remained intact. AFAIK that is the scholarly consensus of all four fiqhs.
People do all sorts of fatwa shopping around the matter of divorce and some don?t even bother. Those who do bother, face a huge problem that I?ve seen in my circle. Men are willing to marry a woman who took khula but backtrack if they realize that the woman is already in nikah of their ?ex?. I have also heard of children who had big fights with their parents after growing up and realizing that their parent?s nikah was invalid all along.
well they were separated (she took khula) for 5 years ..... now they decided to get back together ... no kids involved in the scene .... according to them no halala is required and they will do nikah again ... so does that mean when girl takes divorce/khula that means nothing and only equals 1 talaaq of a husband? I always thought halala is required ... this is something new to me.. ..
& if u ask any mufti online the they take ages to reply .....
so does that also mean a woman cant marru after khula as talaaq has not been said by the husband? 
It will depend how the khula took place. If khula was Islamically legit then no problem to have a new nikah with a different person.
A khulla is commonly taken through courts, both Islamic (Shareeah) and mainstream courts all over the UK. In the UK some of the so called Shareeah courts will ask a woman looking for khulla to try to reconcile with their husbands for a set period of time (which could be several years) or if the husband has walked out or done a runner then women are sometimes ordered to wait for years in case if he returns before filing for khullah which is quite unfair on women in my opinion. On the other hand some of the same shareeah courts grant khulla in such cases fairly quickly, especially in places like Bradford and Huddersfield. So it also depends very much on the judgment of the shareeah judge presiding over a khulla request.
In ALL cases, once the khulla is granted, with or without husbands consent, by shareeah or mainstream courts, the talaq is full and final and the woman is free to marry again.
@decentGuy I am am sorry but I am not too sure if your position is correct in this matter.
Ok so how a woman can get out of marriage in a scenario (which is rather very common) if the husband is abusive, neglectful, or downright nasty? The husband is never going to grant her his ?consent??
Are you suggesting all those women who got khulla through religious or mainstream courts without their husbands consents (which was the main reason they went to the courts in the first place) and then married again are living in a life of sin? It doesn?t make any sense mate.
A friend of mine was at the end of her tethers with her husband so filed for a divorce, her husband signed the divorce papers and threw them at her face claiming she is still in his Nikah as state divorce is not recognised islamically. She then went to a shareeah court to seek a khulla. The judge (who is universally a man or a group of men who sit on chairs and women sit on floor) told her she would have to wait for six months whilst they try to summon her husband. The husband never responded to the summons sent to him. Finally my friend present the English divorce papers signed by her ex to the shareeah judges who then briskly granted her the islamic khulla.
The main reason why a woman would go to a court to file for divorce if the husband refused to grant her request, otherwise he would just give her the divorce and settle the whole issue. What you are saying is not really making any sense.
Husband has the right to refuse to give divorce. Islamic law is different from regular law and getting legit khula is not easy. If a woman cares about it and has a legit case, she should seek khula the Islamic way by involving a major Islamic center and following their guidance. A lot of times social pressure can be built on the husband to give divorce or the nikkah itself can be nullified if he has not fulfilled his responsibilities. Also important to get written confirmation from the Islamic center or Darul Iftah confirming the khula. I?m saying this because it creates big problems when time comes to get re-married.
Specifics of a case need to be run by a scholar, but generally speaking, if only a single talaq took place then there is no halala required for them to get back together.
[quote=““Captain Obvious””]
Specifics of a case need to be run by a scholar, but generally speaking, if only a single talaq took place then there is no halala required for them to get back together.
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there is another trick involved..
some molvies say..uttering the word three times equals three talaqs
others say, even if you say hundred times in one go…as it is one single event…it is one talaq and not 3 talaq..
hun dasso…
so khula has no value :/
What do you mean that it has no value? If a woman obtains khula then she is free from that nikah contract. Even if the husband gave one or even two talaq, she is still freed from the nikah contract and could hypothetically get back with him without halala.
[quote=““Captain Obvious””]
What do you mean that it has no value? If a woman obtains khula then she is free from that nikah contract. Even if the husband gave one or even two talaq, she is still freed from the nikah contract and could hypothetically get back with him without halala.
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but she cant marry someone else as no talaaq took place…
How could a khula take place but no talaq?