Divorced twice and then she made Khul’

12-1-2014 | IslamWeb

Question:

Is it permissible for a husband to take his wife to wedlock again after two times of divorce and a one time of Khul’ that was issued by the court?

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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.

In case we count Khul’ as divorce, as held by the majority of scholars, then that wife cannot be returned to marriage except after marrying another man with whom she consummates marriage and then she is divorced. Allaah The Almighty Says (what means): {And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him.} [Quran 2: 230]

Based on the opinion that Khul’ is not counted as a divorce, it is permissible for the husband to take his wife in wedlock again.  This is the opinion adopted by Ibn Taymiyah, his student Ibn Al-Qayyim, Ibn ‘Abbas, Ibn ‘Umar, ‘Uthmaan, Taawoos, and one of the two opinions of the Hanbali scholars .

The opinion of the majority of the scholars should be followed out of prudence and cautiousness.

Allaah Knows best.