f:1070 - Triple Talaq after Khula
| Country : Hyderabad, |
Name : Afsar
|Question: My wife sends me the request for khula due to misunderstanding between us through quazi of our village.I request them to take time to re-think the decission ?but they refused & i accept the khula with compensation involvement.Actually i don?t known the exact procedure of khula & my intension is to accept khula not to divorce her.After i accepted the khula quazi told me to pronounce 3 talaar at one sitting i replied the same words.My question is that can both khula & talaaq can occur at the same time & after accepting the khula request if i pronouced 3 talaaqq can it considered as a talaaq or khula ,can we remarry with new mahr.Request you to explain us as per Islamic rules.|
|Answer: Khula (annulment of marriage) is in fact divorce on demand for separation by the wife by offering some money or foregoing her monetary rights. For Khula, the consent and agreement of both the husband and the wife is necessary. If the wife wants a Khula, she can offer money to the husband and demand it from the husband, but there is no Khula without the husband's consent.|
When the husband consents to give the Khula, then it is affected. In this case, a Talaaq-e-Baain (an irrevocable divorce) is carried out between the wife and husband, as given in Fatawa A’alamgiri, Vol. 1, Pg No. 488.
If in the documents of Khula, Triple Talaq was not mentioned and only Khula was mentioned, after accepting the demand of Khula, your marriage with that lady has ended. The Triple Talaaq given after acceptance of Khula don’t mean anything, as now there is no relation at all between you and your wife and both of you are strangers to each other.
If you and that lady want to reunite out of your own free will, then within Iddah (the mandatory waiting period) or after it, you can remarry with a new Mehr (alimony) before 2 witnesses. As Khula is like an irrevocable divorce, there is no need for Halala after it.
On the contrary, if in the documents of Khula that you signed, Triple Talaq was mentioned, then through Khula Triple Talaq has been affected and now you and your wife cannot marry each other unless your wife marries somebody else and that marriage ends, either by death or by divorce, etc. out of their own free will.
And Allah the Creator and the Sustainer knows best.
Mufti Syed Ziauddin Naqshbandi Qadri,
[Professor, Islamic Law, Jamia Nizamia,
Founder/Director, Abul Hasanaat Islamic Research Center]