Is it considered unlawful (haram) or is its ruling permissible for a wife to seek khul’ from her husband—after two divorces have already occurred between them—with the intention of restoring the number of divorces to three, based on the opinion that khul’ is an annulment (faskh) and not a divorce (talaq)?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
"There is a difference of opinion among jurists regarding whether khul' (divorce at the wife's instance) is a (repudiation) or a (annulment), with the preponderant view being that it is a talaq. Khul' does not nullify the two previous divorces, whether it is considered a talaq or a faskh. Ibn 'Abd al-Barr's statement, 'And the woman will be with her husband, subject to three repudiations,' refers to a husband who has not previously divorced his wife. Faskh does not nullify previous divorces. It is incumbent upon both spouses to be deliberate in resolving problems and to be cautious of divorce."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 183752
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