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Fatwa CenterShe took Khul' from her husband after spending all her earnings on him
Question
I have separted from my husband throgh khoula 3 years before. after 24 years we lived together.we have 2 daughters. within 6 months he got his second marriage and now his second wife delivered a boy. my both daughters married. I am a working lady and i have spent all earning with him and bought 2 houses which is under his name. because of khula i could not claim any maint. fees from him. now he is inviting me to re-union and promising he will look after me. but he refused to give any property on my name. because of his short temperd and making problems always at home and beating when he was angry i got separated him. i feel alone and even now also i am always remembering him. is there any sin for me after divorce and he got second marriage still i am remembering him? now he got a son so my daughters will not get any share from his property if he is not willing to give anything for them
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
We have previously pointed out that Khul’ is one irrevocable divorce; so please refer to Fatwa 88502. The irrevocably divorced woman (unless she is pregnant) is not entitled to maintenance and her husband cannot take her back except with a new marriage contract because he has become a stranger to her. If the wife remembering her husband after minor irrevocable divorce means her desire to return to him and the like, then there is nothing wrong with that. However, if what is meant is imagining sexual intercourse with him, then this is not permissible. As for returning to him, you should not hasten to do that as long as he used to treat you in that bad manner. If you want that, then consult some wise people in that regard and offer prayer of Istikhaarah (seeking guidance) to your Lord The Almighty and He will choose for you what implies all good, Allaah Willing. For more benefit, kindly refer to Fatwa 81434 about how to offer prayer of Istikhaarah.
We would like to draw attention to some matters:
Firstly, if the wife helped her husband in building the house voluntarily, then it is not permissible for her to ask him to reimburse her for what she had spent. But if she spent on building the house as a real partner, then she owns from the house a share in accordance with what she had spent.
Secondly, if what the wife spent on her husband or on herself and her children was a kind of donation and gift, then she has no right to ask him to reimburse her for what she had spent. But if that was a loan, then she can ask him to pay it back to her. It is her word that counts in this regard and she has to take oath.
However, the cases of dispute can be settled through the Islamic courts or the authorities that are specialized in looking into matters of Muslims in the non-Muslim countries such as the Islamic Centers because the matter needs investigation, more information and the like.
Thirdly, the husband should not prefer one of his children to the others with a gift except with a sound reason. All children have right in the property he leaves after his death. It is not permissible to deprive anyone of them from his share; be them males or females. Allaah The Almighty says (what means): {Allaah instructs you concerning your children: for the male, what is equal to the share of two females.} [Quran 4:11]
Allaah Knows best.
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