Is a khul' that occurred between the spouses considered an irrevocable divorce, thereby necessitating a new marriage contract for the performance of the 'aqiqah for the newborn, or is it permissible to perform it while they are divorced?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
Khul‘ is not considered a divorce but rather an annulment of the marriage ( al-). The wife cannot return to her husband after it except through a new marriage contract. It is not counted towards the number of divorces. Any word or phrase that signifies separation in exchange for financial compensation from the wife constitutes khul‘, even if the husband utters the word "divorce" alongside it. You both can celebrate the newborn and perform the despite your separation, while considering the man a stranger (ajnabi) to the woman. It is advisable to contemplate and seek guidance from Allah (istikharah) regarding returning to him if you see goodness in it.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 9742
- Imported
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