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Fatwa CenterHer husband divorced her thrice after she had been granted Khul’ by a civil court
Question
I was married in the year 1996 and my husband was working in america and went to work after 4 months of our marriage. When our daughter was born he came to see her.Because of his mother he pushed me and my daughter out of his home. In the year of 2002, I went to court to ask for khula because there were no where abouts of my husband or his family. He never came to court and the court gave me khula. In the year 2008, he called me and told me that he wants our marriage to work out. I took the fatwa from mufti that if the husband did not consent, the court granted khula is not valid and the husband wife can live together. I came in United States in 2009 and we got remarried in masjid in Arlington but it was wordable, no paper work was done. After one year, my husband gave me Talaq three times. Now I have filled for child support and spousal support in court. He is denying the spousal support because he is saying that our divorce was final in 2002. I have the fatwa but it is in different language and I will glad if I can get a fatwa about in English in the light of Quran and Sunnah and also the references. I will glad, if I can have it notarize so the court can accept it.
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.
A Fatwa is not enough for issues of dispute, so it is better to take the case to an Islamic court or to an institution that acts on its behalf in non-Muslim countries like Islamic Centres and Islamic institutions there, so that they can study the matter and ask both parties and listen to them, and subsequently issue a ruling which will be binding on them.
However, we can clarify to you these general rulings that are related to the subject:
1- It is not permissible to take your case to non-Islamic courts and according to the Fatwa issued by the Assembly of Muslim Jurists in America, divorce or Khul’ that these courts issue does not lead by itself to the termination of the marriage Islamically.
2- An Islamic judge granting divorce to the wife in the absence of her husband is permissible according to the view of the majority of the scholars 
; for more benefit, please refer to Fatwa 122890.
3- In principle, Khul’ does not take place except by mutual agreement between the two spouses; however, in case the wife is harmed by staying with her husband and the husband refuses to grant her Khul’, then it becomes permissible for the Islamic judge to issue Khul’ even if the husband does not agree. For more benefit, please refer to Fatwa 134397.
4- A husband is obliged to spend on his wife (who is still his wife) and on his children from her, and a wife does not lose her right of spending on her unless she is rebellious; for more benefit, please refer to Fataawa 88233 and 92004.
5- Uttering three divorces continuously is considered as three divorces according to the view of the majority of the scholars unless the husband intended to confirm the first divorce by uttering the second and third divorces; in which case, it is only one divorce that takes place as we already clarified in Fatwa 94110.
6- There are some conditions for the marriage contract and if they are met it is a valid marriage even if it is not authenticated by the court and the like. Authenticating marriage is an additional matter which is intended to protect the rights (of both parties) and it has no relation with the original marriage contract; for more benefit, please refer to Fatwa 83629.
7- A husband should keep good marital relationship with his wife as a way of acting according to the commandment of Allaah. No doubt, driving the wife out of the house is contrary to keeping good marital relationship with her. So, if there is a dispute between the spouses, either by the husband being recalcitrant or the wife being rebellious, then the Sharee’ah clarified the method of dealing with a rebellious wife as in Fatwa 85402, and the method of dealing with a recalcitrant husband as in Fatwa 88526.
Allaah Knows best.
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