Does a Khulʿ divorce count as one of the three divorces, and what is the ruling on a man who divorced his wife through Khulʿ, then married her again through an unregistered marriage (ʿurfī) and divorced her twice; would she then be irrevocably divorced from him (bā’inat baynūnah kubrā)?
The jurists differed regarding whether Khul' (divorce at the instance of the wife) is an annulment () or a divorce (). The majority of scholars hold that it is a divorce, while others maintain that it is an annulment and not a divorce. This is the view of Ibn Abbas, Ibn Umar, Uthman, and Tawus, and it was favored by Shaykh al-Islam, Ibn al-Qayyim, and al-Shawkani.
Accordingly, based on the first opinion, the husband is not permitted to take his wife back (raj'ah). Based on the second opinion, taking her back is permissible, and the husband retains one divorce (talaq) against her.
The questioner is advised to refer to the courts to decide on the issue of taking her back, given the strong difference of opinion on this matter and the need to be fully aware of the circumstances of the case and what was intended by the word Khul'.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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