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One of our brothers/sisters has asked this question:

Asalam O Alaikum,

If a wife request for ‘khul’ (seek divorce) then does still the same rules apply for re-marriage as in case when husband gives ‘talaq’. That is if husband gives talaq, then women should first get married to someone and if this husband gives talaq or dies then only she can marry the first husband – what rule does it applies if wife seeks khul (divorce).

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Answer:

Khula & Re marriage

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

If a wife initiates a divorce proceedings against her husband, and the Court grants the divorce between the couple; this divorce would be known in Islamic Jurisprudence as a ‘khula’ divorce.

All the rules that apply to a normal divorce would also apply to a divorce obtained by ‘khula’, except that in ‘khula’ the husband does not have a right to take his wife back during the ‘iddah’ or waiting period of divorce (which he would have if he had pronounced a ‘talaq’ over her himself).

A ‘khula’ divorce obtained by the wife through a court will count as one divorce of the three divorces permissible in a marriage. If after the first or the second divorce, regardless if the husband pronounced the divorce or the wife obtained a ‘khula’, it is absolutely permissible for the couple to remarry with a brand new nikaah. But if the husband pronounces the third divorce, or the wife obtains ‘khula’ for a third time, this divorce will be considered an absolutely irrevocable divorce between the couple and the two of them cannot remarry unless the woman marries another husband, and the husband of his own free will divorces her, or dies.

Your Question: That is if husband gives talaq, then women should first get married to someone and if this husband gives talaq or dies then only she can marry the first husband – what rule does it applies if wife seeks khul (divorce).

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-231:

229 A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom (khula). These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

230 So if a husband divorces his wife (irrevocably by three divorces) he cannot after that remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand.

231 When ye divorce women and they fulfil the term of their (`Iddat) either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them or to take undue advantage; if anyone does that He wrongs his own soul. Do not treat Allah's Signs as a jest but solemnly rehearse Allah's favors on you and the fact that He sent down to you the Book and Wisdom for your instruction. And fear Allah and know that Allah is well acquainted with all things.

A divorce obtained by the wife through ‘khula’ will count as one divorce; and all the laws that apply to a divorce pronounced by the husband will apply during ‘khula’ except:

1. The husband does not have a right to take his wife back during the ‘iddah’ or waiting period of divorce (which he would have if he pronounced the divorce himself).
2. In a ‘khula’ divorce, the husband has a right to demand that his wife pay back the ‘mehr’ he gave her at the time of marriage; but if of his own free will, he wishes to forgive, it would be permissible. If the husband pronounced the divorce himself, he does not have a right to take back anything from his divorced wife, neither the ‘mehr’ nor any other gifts he might have given her during their term of marriage.

The law regarding the prohibition of re-marriage only applies after the husband and the wife have divorced each other three times, either by the pronunciation of divorce or ‘khula’; for the third divorce would be absolutely irrevocable and the couple can never re-marry unless and until the woman marries another husband, and the new husband of his own free will divorces her, or dies.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan