Is it permissible for a woman who has been granted a divorce (khulʿ) to return to her husband despite her father's refusal, especially since the reason for the divorce has ceased to exist?
It is not permissible for a father to prevent his daughter from returning to her husband after khul‘ (divorce at the wife’s instance), which is an irrevocable divorce (ṭalāq bā’in) requiring a new contract and a new mahr (dower). This is based on the Almighty’s saying: "And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves in a lawful manner." The father must submit to Allah's command. Otherwise, the daughter may refer her case to the court so that the judge may marry her or appoint someone to do so. However, it is not permissible for her to marry without her guardian (walī).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 72767
- 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