How can a woman obtain a khulʿ from her husband who refuses to finalize it, given that the wife was previously divorced under U.S. law, then her husband took her back into his marriage (ʿiṣmah) Islamically, and now he is refraining from the khulʿ and demanding unfair conditions?
If the relationship deteriorates and the spouses desire separation, it is advisable for benevolent individuals to intervene and persuade the husband to agree to khulʿ (divorce at the wife's instance) in exchange for the wife forfeiting the mahr (dowry), while still requiring him to provide maintenance for his daughter. If the husband insists on oppressive conditions, the Shar’i judge or the accredited authority may compel him to agree to khulʿ in exchange for only the forfeiture of the mahr. This compulsion is one of the two scholarly opinions and is supported by the hadith of Thabit ibn Qays. This view has been endorsed by some scholars, such as Ibn Baz, while others, like Sheikh Ibn Uthaymeen, held that it is not permissible for a woman to seek divorce except for a legitimate Shar’i reason, and in such a case, she may initiate khulʿ by returning what the husband gave her. If there is an authoritative body, it may adopt this opinion and compel the husband to agree to khulʿ.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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