{"id":13116,"date":"2020-02-13T16:41:17","date_gmt":"2020-02-13T16:41:17","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=13116"},"modified":"2020-02-13T20:52:00","modified_gmt":"2020-02-13T20:52:00","slug":"reconciliation-after-a-khula","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/reconciliation-after-a-khula\/","title":{"rendered":"Reconciliation after a Khula"},"content":{"rendered":"

\n\tFatwa ID: 03247<\/strong><\/span><\/span>\n<\/p>\n

\n\tAnswered by: Mufti Javed ibn Nazir Kachhalia\u200b<\/strong><\/span><\/span>\n<\/p>\n

\n\tQuestion<\/u><\/strong><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tIn 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? <\/span><\/span>\n<\/p>\n

\n\t
\n\tI saw the above comment (attached) to another sister and wanted clarification to confirm if we are still married?<\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\t\u0628\u0650\u0633\u0652\u0645\u0650 \u0627\u0644\u0644\u0647\u0650 \u0627\u0644\u0631\u0651\u064e\u062d\u0652\u0645\u0646\u0650 \u0627\u0644\u0631\u0651\u064e\u062d\u0650\u064a\u0652\u0645<\/span><\/span>\n<\/p>\n

\n\tIn the name of Allah, the Most Gracious, the Most Merciful<\/u><\/strong> <\/span><\/span>\n<\/p>\n

\n\tAnswer:<\/u><\/strong><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tWe need to understand the term ‘Khula’a’.<\/span><\/span>\n<\/p>\n

\n\tIf 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. <\/em><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tIf ‘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]<\/strong><\/a><\/em><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tFurthermore, it has been written in ‘Raddul Muhtar’:<\/span><\/span>\n<\/p>\n

\n\tKhula’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]<\/strong><\/a><\/em><\/span><\/span>\n<\/p>\n

\n\tThe contrary scenario is;<\/span><\/span>\n<\/p>\n

\n\tIf 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.<\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tIf the above scenario has taken place, the ruling is as follows:<\/span><\/span>\n<\/p>\n

\n\tThere are two ways of making ‘Rujo’o’:<\/span><\/span>\n<\/p>\n