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Remarrying after khula

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: I have a elder sister, she had taken a khulanama and talaq e bain as per Indian juridical in the year of 2015 and she also taken a custody of her 3 year son at the time of Khula and from now they are living separate.

Now her husband wants to remarry with her and he is saying I didnt say a word of talaq and since you wanted khula so I just signed and my intentions were not to take khula.

After they get khula my sister didnt perform the iddat period and she is just living a life without a husband.

Now they both want to remarry, can they remarry in Islamic laws.

One more thing, on khulama paper it was written that khulanama and talaq e bain irrevocable what does that mean?

Bismillaah

A: If before the khula he did not issue any talaaq, then through the khula one talaaq e baain (irrevocable talaaq) has taken place. If they both wish to reunite then a new nikaah will have to be performed with a new mahr.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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