I would like to request the scholars and panel of respected muftis to kindly answer a few of my queries and grant some explanation in the light of Shariah and Islam in the matter of Khula. (1) Is Khula and talaq e bai’n both valid and counted if the girl is in the state of impurity/menses/Haiz as per all the four Imams, and thus is the girl free from the nikah or still in it? (2) On the basis of the Khula does the relation completely get over with the ex-husband and the girl is free and eligible for her second marriage and would that be halal and correct or she still has to fear things from her ex-husband’s end. (3) Owing to one talaq e bai’n, can her ex-husband still try to revoke the nikah within and after the iddah period is over? And will that be approved as per the Shariah or will that be illegal? (4) Is there a need of 2 more talaqs to completely finish the so called relation or it has been over with one talaq bai’n, and thus the girl is free from the relation or does the ex-husband still have rights on the girl? (Can he claim to be her husband still in the near future). (5) Can the couple get together without remarrying (new nikah and new mahr)? (6) Is it necessary for the girl to return her mahr in khula if the husband is at complete fault, owes a lot of money to her as well? Is she eligible for maintenance in iddah?
Answer
(Fatwa: 516/294/H=1433)
(1) If husband accepts khula or gives talaq bai’n and wife is in the state of haiz then too khula and talaq bai’n takes place. Haiz is not a hindrance to make it valid.
(2) If the husband did khula or gave talaq bai’n then after passing iddah, the woman is free to do her second nikah and the husband does not have the option of rajah nor can he marry her forcefully without her consent.
(3) What you mean by this question, write it clearly.
(4) There is no need of two more talaqs, rather as per the detail of the answer number 2, the woman became free.
(5) No, they cannot live together.
(6) During the procedure of khula, whatever is fixed between them both shall be bound to it. If you want to know something else, you should write the question by providing the complete detail.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband
