Remarrying after khula
Question
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?
Answer
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 by
- Mufti Ebrahim Salejee (Isipingo Beach)
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