Is the divorce issued by a judge to a woman who sought divorce but whose husband refused considered Khulʿ (divorce at the wife's instance), and can the husband take her back into his عصمة (marital bond) if she agrees after this divorce?
A woman is not entitled to seek divorce without a legitimate Islamic reason, such as harm inflicted by the husband, as the Prophet (peace be upon him) said: "Any woman who asks her husband for divorce without any cause, the scent of Paradise will be forbidden to her." The divorce decreed by a judge is considered an irrevocable divorce ( Bain), after which the husband does not have the right to take his wife back except with her consent and a new marriage contract, whether it was through ' or a judge's ruling. In this case, the husband does not have the right to take his wife back except with a new contract, because the divorce was decreed by the legitimate ruler and occurred as Khula'. Relinquishing custody is considered Khula'. It is permissible to renew the marriage if the woman and her guardian consent, provided this is not the third divorce. It is necessary to refer to the court because the matter falls within its jurisdiction.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 60595
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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