If a woman has been irrevocably divorced by her husband with a major divorce (baynunah kubra), and she lives in a country where she currently cannot access a Sharia court to request khul', is it permissible for her to marry another man before obtaining the khul' document, and would her marriage be invalid or would she be sinful if she did so?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A wife cannot consider herself irrevocably divorced by judicial decree, for not everything established by a is established by a judicial ruling. The judiciary rules based on outward appearances and evidence, and the husband denies explicit divorce, and she has no evidence for an implicit divorce. Even if the husband were to admit it, he could excuse himself by claiming forgetfulness or similar reasons. Therefore, the wife has no option but to await a judge's ruling for divorce or to seek khul' from her husband. Her marriage is not permissible before that.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/74442
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 74442
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy