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Fatwa CenterThe marriage is not over in this case of Khul'
Question
Assalam o alikum my father had mariied my my sister with pressure she spent 5 years suddenly she complaint to my father about her sexuall relations that her husband is ill father said take khula nowadays my father wasnt in karachi he was inn punjab he said go with huda and your brother and take khula from ur husband .when we went her husbands house he never use khulas words infront of us but he said that when ur angerness became end please come back at home my sister thought that khula is started now she started sit in iddah during iddah she talked with her husband many times her father in law also had come there and said if there is any problem we could solve it but she rfused all.during iddah she watched proposal for herself two times after one month of iddah she get married with that proposal.my question is that after 3 months of 2nd marriage her x husband sent her khulanama and returnd back haq mahar is that rigth way to take khula and is it legally she lives with second husband.please guide me in the light of quran and sunnah jazakallah kairah
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 would like to say first that it is impermissible for a wife to demand Khul‘ without a valid and legitimate reason. Marriage-related matters must be handled with caution. It is impermissible to consider that a marriage is annulled for the most minor reasons. Moreover, it is impermissible for a divorced wife to hasten to re-marry another man before making sure that there are absolutely no religious impediments to her second marriage.
Khul‘ has pillars that must be fulfilled for it to be valid; these pillars are:
1) The two contracting parties; the husband or a person acting on his behalf and the wife or her Wali (guardian) or a person acting on her behalf.
2) The two compensations: the Budh' (the husband's right of 'sexual access' to the wife) and the compensation that the wife pays to the husband in return for Khul‘.
3) The formula of offer and acceptance; the wording of Khul’ (offer) uttered by the husband such as: 'I have given you Khul’ for such-and-such (compensation),' and the wife should accept and say ‘I accept,’ for example.
It is clear from the question that there are unfulfilled pillars in this case of Khul‘ such as the wording or formula of Khul‘, and a Khul‘ is invalid if the wording is not done properly. This means that the woman has married another man while she is still married to her first husband. Therefore, it is incumbent on her to leave the other man.
A case such as this, one should be referred to Sharee'ah-courts and it is not adequate to seek an online Fatwa in this regard. The Judge should investigate the case and go through all the details of the matter in order to reach an appropriate ruling.
Allaah Knows best.
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