Fatwa ID: 03247

Answered by: Mufti Javed ibn Nazir Kachhalia​

Question

In sha  Allah you could advise and give clarification. I was sent the above about my situation (attached), I requested a khula from my husband. Within weeks, within the iddah period, my husband and I spoke and communicated about reconciliation and he asked me to come back and return as spouses. Is this a rujoo? 

I saw the above comment (attached) to another sister and wanted clarification to confirm if we are still married?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful 

Answer:

We need to understand the term ‘Khula’a’.

If there is a difference in personality or any other reasons the husband and wife are having difficulties and there is no way of reconciliation, the wife can request for a ‘Khula’a’ to the husband. The husband will use words such as ‘Khula’a’ or any similar words that will terminate the marriage. Furthermore, the husband can request some compensation if he wishes in exchange and the wife agrees.

If ‘Khula’a’ does take place, from the time the agreement was signed or verbally was agreed, ‘TalaaqBaeen’ will take place. Therefore, if both parties want to get back together, Nikah will need to be performed again before the iddah period is concluded. [1]

Furthermore, it has been written in ‘Raddul Muhtar’:

Khula’a occurs where the husband refuses to issue a divorce to the wife after all possible means to rectify the marriage were done and the wife may persuade the husband to enter into an agreement of khula’a (a release for payment from the wife).  The jurists have written that if the husband oppresses the wife and makes her life difficult, then due to this she is forced to make Khula’a he should not take anything from her.  The wife should as a gesture on her part forgive the mahr (dowry).  If the woman is disobedient and the fault lies with her then the couple may come to an amicable agreement with regards to Khula’a where she returns to him her Mahr (dowry) or she forgives it.  He may also, if he wishes, ask for her to return the things which he had gifted her with. [2]

The contrary scenario is;

If the wife asks in clear and unambiguous terms for a talaaq whereby she says ‘Give me a Talaaq’ then if in answer the husband replies in words or sentences which indicate Talaaq like ‘I have divorced you’, ‘You have a Talaaq’, ‘I have given it to you’ and ‘You are single’ etc then in such cases the request of the wife is fulfilled.  One TalaaqRaje’e takes place.

If the above scenario has taken place, the ruling is as follows:

There are two ways of making ‘Rujo’o’:

• By Words or statement: When can use any word or sentence that can define to ‘Rujo’o’ (retracting) for example the husband can say ‘I have made Rujo’o’ or ‘I have retained you’ or ‘let’s get back together’ or ‘I want to be with you’, etc. It's preferable to have two witnesses. This can be done in the absence of the wife also.
• By action: The jurists have placed the condition of there being lust and desire on the part of either the husband or wife if Rujo’o is initiated by action. For example: having intercourse, touching lust, kissing with lust, etc. [3]

In conclusion, if there was ‘Khula’a’, you will need to have your Nikah done again before Iddah is concluded, if there was a divorce, rujo’o can be done the way mentioned above within the Iddah and no need to have the Nikah done again.

Only Allah knows best.

Checked and authorised by Mufti Mohammed Tosir Miah

Written by Mufti Javed ibn Nazir Kachhalia

Darul Ifta Birmingham