Reconciling after khula

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: I was in a nikaah for 2 years but no rukhsati had taken place and I hadn’t touched my husband. I took khula from him and my iddah has ended. I want to remarry the person again, is it permissible?

Bismillaah

A: Khula is a talaaq-e-baain. Apart from the khula, if he did not issue two talaaqs, then it is permissible for you both to remarry. However, if he issued two talaaqs before the khula, then since the khula is a talaaq-e-baain, through the khula taking place, the third talaaq had taken place, and it will not be permissible for you both to remarry unless halaala takes place.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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