Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalam-o-alaiykum

Dear brother ,my wife had filed Khula against me in my absence,by sharaee council in UK.

They have made decision in 2 months,and i am trying my best to get my wife back becuase i love her so much .

She is insisting that we are HARAM for each other ,i asked to sharee coucil that can we both live together if my wife change her mind they told me yes u can do that but you have to renew your Nikah again with 2 witnesses,cuz here is only one talaq granted.kindly give me the answer what should i do at this point.I need some AYAh and hadith about that which i can show to my wife.

Jazak ALLAH.plz dont mention my name in Public.

Best Regards

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Answer:

Wife taken khula

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Dear and beloved brother in Islam, if the Shariah Council or Judge has granted the ‘khula’ divorce initiated by your wife, then indeed one divorce has been established in your marriage.

If you indeed wish to re-marry your wife for the second time, it would be absolutely obligatory upon you to now fulfill all the conditions of a brand new nikaah as follows:

1. Propose re-marriage to your wife, and if she wills she may consent, and if she wills she may decline your proposal.
2. Determine a brand new ‘mehr’ for the nikaah.
3. Availability of two witnesses to the new marriage contract
4. and, have the consent of the guardians of the bride to her marriage with you.

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

229 A (revocable) 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. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons are the wrong-doers.

230 So if a husband divorces his wife (irrevocably for the third time) 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 (Iddah) 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.

If a husband pronounces a revocable (1^st or 2^nd) divorce in the marriage, then indeed he has the right to revoke the divorce before the ‘iddah’ or waiting period of the divorce has elapsed. But if the wife initiates a ‘khula’ divorce and the Shariah Judge declares the divorce, the husband does not have the right to revoke that ‘khula’ divorce, and if the two wish to re-marry each other again after their revocable (1^st or 2^nd) divorce is established, a brand new nikaah must be performed between the couple.

Allah Subhanah has granted a husband basically three divorce rights in any one marriage; and only the first two divorces of the three are revocable. If Allah forbid, one were to divorce one’s wife for a third time, that divorce will be absolutely irrevocable, and the couple can never remarry each other again unless and until the woman were to marry another person, and that person of his own free will, were to divorce her, or he dies.

Your Question: kindly give me the answer what should i do at this point

Beloved brother, since your wife initiated and was granted a ‘khula’ divorce by the Shariah Council or Judge, one divorce has been established in your marriage. If this is only the first (or the second) divorce in your marriage, it is indeed revocable and the husband and the wife, if both of them wish to, can re-marry each other again by performing a brand new ‘nikaah’.

But what one should know is that one has used up one of the two revocable divorce rights in one marriage. If (Allah forbid) there were to be another divorce in the same marriage…that second divorce too can be revoked. But if (Allah forbid) there was to be a third divorce in the same marriage, then that would be absolutely irrevocable and the couple can never remarry each other again, unless and until the wife happened to marry another husband, and her new husband of his own free will were to divorce her, or he 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