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:

I just wanted to know that if a wife has taken a khulanama and stayed away from his husband

For more than three years , is the nikka jayas after that. And for the khumanama do we need two persons for witness. Pls let me know about this.

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Answer:

Marry after 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.

Your Question: I just wanted to know that if a wife has taken a khulanama and stayed away from his husband. For more than three years , is the nikka jayas after that.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 228:

228 Divorced women shall wait concerning themselves for three monthly periods; nor is it lawful for them to hide what Allah hath created in their wombs if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period if they wish for reconciliation.

If a wife has initiated a divorce and ‘khula’ from her husband, and she has fulfilled her waiting period of ‘iddah’, a divorce will be established between the couple and the wife is well within her rights after her ‘iddah’ to marry anyone of her choice.

Because only one divorce was established through the ‘khula’, if anytime after the period of ‘iddah’ the couple wish to reconcile their difference and seek to marry each other again, a brand new ‘nikaah’ with a brand new ‘mehr’ will have to performed between the couple.

Your Question: And for the khumanama do we need two persons for witness.

Allah Says in the Holy Quran Chapter 65 Surah Talaq verse 2:

2 Thus when they (the wife) fulfil their term appointed (of ‘iddah’) either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you endued with justice and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah He (ever) prepares a way out

If a wife has initiated a ‘khula’ divorce from her husband in a Shariah Court, the Judge will make sure that two witnesses are called upon to establish evidence for the divorce.

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