Fatwa ID: 06171

Answered by: Shaykh Ahmed bin Mohamed Umarji

Question:

I belong to Pakistan and the Sunni sect. I married a guy in presence of two male witnesses with a meher though I surrendered my mehr looking at his financial condition. I am a 36 years old divorcee and he is 10 years younger than me. It’s been three months since we got married. During this I found him cheating, he also beat me ruthlessly. We don’t live together, he is in another city. He uttered divorce words two times like he has divorced me twice. I don’t want to continue this relationship since he doesn’t fulfil my needs for love, security, and financial aid, in fact, I am scared of him. I have not met him for months. Few people like friends know about nikah. When I ask for the third and final divorce he makes excuses. Please tell me what’s the procedure for khula in this case.

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

Answer

You have stated that you have been issued two divorces. In this case, you have been separated from him. There is no Khula needed in this situation. Khula is an option when the husband refuses to issue a divorce.

You stated that he issued divorce using clear words of divorce. In this case, you should go into Iddah. He may take you back during the Iddah period. Once the Iddah is complete you are completely cut off from him. In this case, if you want to go back you will have to make a new Nikah.¹

Only Allah knows best

Written by Shaykh Ahmed bin Mohamed Umarji

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

1 إذا طلق الرجل امرأته تطليقة رجعية أو تطليقتين فله أن يراجعها في عدتها رضيت بذلك أو لم ترض والرجعة أن يقول: راجعتك أو راجعت امرأتي أو يطأها أو يقبلها أو يلمسها شهوة أو ينظر إلى فرجها بشهوة ويستحب أن يشهد على الرجعة شاهدين فإن لم يشهد صحت الرجعة الكتاب: مختصر القدوري في الفقه الحنفي الناشر: دار الكتب العلمية صفحة: 158