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Nikah after Khula/Qula

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalamualaikum,

I wanted to know if there is any compulsion to have witness when a woman is giving qula.  And if she has givan qula to someone with one witness from her side and now she wants to get back to her husband, I wanted to know whether the qula is done or she can go back to husband?

Jazakalllah

الجواب وبالله التوفيق 

Though it is not necessary to have witnesses for Khula’, however, it is better to have witnesses. With Khula’, Talaq e Bain takes effect. In the situation inquired about if there is no clarification of three divorces in the Khula’ then she can re-do the Nikah with her husband and go back in his marriage.

It would be appropriate to send in the Khula’ documents or write in the details the way Khula’ happened to find out the ruling about it.

واللہ اعلم  بالصواب

 

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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