Khul' without compensation is divorce
1-12-2016 | IslamWeb
Question:
Assalaamu alaykum. My husband divorced me because I asked for a Khul' (divorce requested by the wife in which she is to return the bridal gift) but without compensation, so it was a simple divorce and we did not know that at that time. We thought that it was a good Khul' done correctly, but no. So I had to wait three months for my ‘Iddah (post-divorce waiting period) to end. However, during this ‘Iddah, my husband thought he had to make a new marriage with me to take me back since we thought we did the Khul'. So he said to my brother, "I want to make a new contract with your sister and try a new marriage with her." A few days later, he also said to me, "Do you want to be my wife?" I said, "Yes," so he said "Ok, I will talk to your father." Then he came to my house and told my parents that he wanted to marry their daughter, and he asked me for the Mahr (bridal gift) that I wanted. All of this was done and said before the end of the three months. My question is: if we did not know that it was in fact an ‘Iddah of a simple divorce (so he could take me back normally, with just a word), the fact that he said this to my brother, is it considered as if he took me back even though we were not conscious that it was a simple ‘Iddah and that our situation did not need a new contract? I ask this question because he is in jail (prison) now, and I cannot see him for the moment, so I want to know whether I am his wife. Is what he said considered as a return, or am I still divorced and this situation is not a return? I do not know about my situation. I do not know a lot of trustful people here, so please tell me.
Answer:
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
Khul‘ has a set of pillars without which it is invalid. We have underlined these pillars in fatwa 129011. One of these pillars is the compensation payable by the wife, and this pillar is missing in the case mentioned in the question. Therefore, it is not a Khul‘, but it is considered a divorce. Please refer to fatwa 276691.
If this was not the third divorce, then your husband has the right to revoke the divorce and take you back in marriage without the need for a new marriage contract as long as the ‘Iddah has not expired. If the ‘Iddah ends, then he can still take you back in marriage with a new marriage contract. Please refer to fatwa 82541 about the kinds of divorce.
What your husband told your brother does not count as revocation of the divorce; it is merely an expression of his wish to revoke the divorce and take you back in marriage. The same applies to his statement to you and your father. This does not count as valid revocation of divorce. Please refer to fatwa 89845 about the proper ways of revoking a divorce.
Lastly, we advise you to refer your case to an Islamic center in your country of residence. There may be a need to confirm what your husband had actually said since he was the one who pronounced those statements.
Allah knows best.