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Is what occurred between the spouses, in terms of intimacy, after the ruling of khulʿ permissible or forbidden, especially since they agreed to re-document their marriage but the wife's father is preventing it?

1 min readAlso available in العربية

If there is any ambiguity in the details of the khul' (divorce initiated by the wife) and how it occurred, the specialized authorities in personal status cases should be consulted. Generally:

1. Khul': It has pillars, and its origin is based on the consent of both parties. However, it may sometimes be ruled even if both parties or one of them do not consent.

2. Effect of Khul': If it occurs validly, the wife becomes irrevocably separated from her husband because it is an irrevocable divorce. He cannot take her back except with a new marriage contract, unless this khul' was preceded by two divorces.

3. Cohabitation with the wife after Khul': It is forbidden. If he has sexual intercourse with her knowing its prohibition, it is considered zina (fornication/adultery). If he believes it is permissible, then it is intercourse due to a misconception (waty shubha).

4. Wife leaving her husband's home: It is not permissible without his permission, except for a legitimate Shar'i (Islamic legal) excuse.

5. Father inciting his daughter to leave her husband: This is not permissible and is considered "takhbeeb" (corrupting a spouse against the other), which is forbidden by Sharia. If the husband has the right to take his wife back and she agrees to return, the father is not allowed to prevent her; this is considered "adhl" (unjustly preventing a woman from marrying or returning to her husband), which is also forbidden.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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