Ref no: 160#
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Date: Sunday, May 22, 2011 |
Category
Divorce
Title
my question is 8 years ago my sister get hulla from court
Question
my question is 8 years ago my sister get hulla from court and her husband signed on all notices there are some disputes and misunderstandings between my sister and her husband they had a daughter now she is 8 yearsold .my sister wants to go to her husband just 4 her daughter .my sister contact laiba’s father both are ready to spent there life together but some people suggest them to offer halala to go back to each other now my sisterand her former husband not ready to do this.sir please guide us about halala. is it necessary for my sister to get marry with third person to go back to her former husband
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
The general rulings regarding talaq/khula are as follows:
- If the husband has given the wife talaq raj’ee, then he will have the option to take her back within her iddat without a need of performing a new nikah.
- If the husband has given the wife talaq ba’in or the husband gave talaq raj’ee but the iddat has expired, then the husband and wife will have to re-perform the nikah in order remain together.
- If the husband had given the wife three talaqs, then the only method to re-concile is halala. Halala means the wife marries another man and consummates the marriage. Thereafter, the second husband gives her talaq and she waits for the iddat to expire. After the expiration of the iddat, it will be permissible for her to marry the former husband.
You stated that your sister received khula’ from her husband. Khula’ equates to one talaq ba’in. If only khula’ took place and three talaqs were not given by the husband, your sister will only have to re-perform the nikah in order to reunite with her former husband. Halala will not be necessary.
Ahsan al-Fatawa (5/379) H.M. Saeed
Al-Durr al-Mukhtar (3/444) H.M. Saeed
Al-Fatawa al-Hindiyya (1/488) Maktaba Rashidiyya
– ( و ) حكمه أن ( الواقع به ) ولو بلا مال ( وبالطلاق ) الصريح ( على مال طلاق بائن ) – الدر المختار
– الباب الثامن في الخلع وما في حكمه… ( وحكمه ) وقوع الطلاق البائن كذا في التبيين – الفتاوى الهندية
And Allah knows best
Darul Iftaa
Madrasah Inaa’miyyah
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