What is the status of a divorce after its description is amended from "irrevocable in exchange for absolution before consummation" to "divorce after consummation"? Does it remain irrevocable or become revocable, and what becomes of the absolution in this case?
The separation between a husband and wife, if it is in exchange for money, is considered Khul‘ (divorce at the wife's instance), and it is an irrevocable separation from which the husband cannot take her back. The woman is not lawful for him again except with a new contract and a new Mahr (dowry). It is the same whether the separation occurs before or after consummation. There is no difference whether this occurs by the word Khul‘ or (divorce). This is the (school of thought) of the majority of jurists. Jurists have differed whether this separation is counted among the number of divorces or if it is a (annulment) that does not reduce the number of divorces. The most preponderant opinion is that it is a faskh.
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- Original fatwa ID
- 87260
- Imported
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