Is it permissible for my wife to return to my wedlock after I divorced her twice under duress, and she requested Khulʿ without my consent?
If a man's wife was divorced under duress, a real coercion that renders the divorce invalid, and the wife sought khul' but it was not granted, and no judge ruled it, then the woman remains under the marital bond of her husband.
However, if the husband did indeed perform khul' with her, or if a judge ruled for khul', then the khul' has occurred. In this case, the husband may take her back with a new marriage contract, considering that the two previous divorces were invalid due to coercion.
But if the two previous divorces occurred without valid coercion, then there is a scholarly disagreement regarding the permissibility of taking her back. According to those who hold that khul' is a divorce, the husband does not have the right to take her back until she marries another man and he consummates the marriage with her, and then divorces her or dies, and her ' expires. As for those who consider it an annulment (), it is permissible to take her back with a new marriage contract.
It is advisable to present this issue to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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