Fatwa ID: 04671

Answered by: Mufti Mohammed Tosir Miah

Question

Is it permissible to redo the Nikah with the woman one has given Khula to six months ago?

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

Answer

A Khula will result in a Talaq Baain (irrevocable divorce) according to Imam Abu Hanifa (RA). A Talaq Baain results in the termination of the marriage. However, one would be allowed to redo the marriage with his wife during her waiting period or after her waiting period. (Fatawa Hindiyyah p.488 v.1 & p.472 v.1)

Regarding your question, it will be permissible for you to remarry this woman as long as she consents to the remarriage. Furthermore, the parents and custodians of the woman should not stop her from marrying as can be deduced from the verse below. (Durre Mandhuud p.38 v.4)

Allah (SWA) says in the Holy Qur’an:

O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness. For if you dislike them – perhaps you dislike a thing and Allah makes therein much good (Surah Nisaa v.19)

Only Allah Knows Best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham