Is what happened considered a Khulʿ that does not count as one of the three pronouncements of divorce, or is it a divorce, given that it is the third pronouncement?
There is a disagreement among scholars regarding Khul‘ (divorce at the wife’s instance, in return for a compensation): is it an annulment () or a divorce ()? Some scholars differentiate between Khul‘ that occurs with the pronouncement of divorce, in which case it is considered a counted divorce from the three divorces, and Khul‘ that occurs with the pronouncement of khul‘ or annulment, in which case it is not counted among the number of divorces.
The view that Khul‘ - even if pronounced with the word "divorce" - is not counted among the three divorces, is a position within the Hanbali school of thought and a view held by Shaykh al-Islam Ibn Taymiyyah.
Acting upon the opinion of the majority of scholars, who hold that Khul‘ - regardless of the wording used - is counted among a woman's three divorces, is more cautious and safer. It is advisable to refer to the courts for such matters, as a judge's ruling resolves disagreement.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/177196
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 177196
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy