Husband divorce wife

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)


One of our brothers/sisters has asked this question:

I am33 and my daughter is 5 years,I am living in London as a single parent .I got married a guy from Pakistan but he was born &brought up in London.
Since I got married in 1996 back home they treated me as a servant.
My husband left me in 1999 and stayed with his family in pak...He came back in 2000 may and I went to see him along with my daughter but he explained me that he did the nikkah with his first cousin.His brother says he is maried and divorce u,when I talk to him he says go for khula or accept that I divorce u.
I am aMuslim and read so many books about husband wife relationship.For me surviving without a man is hard in this world.
I need your help to guide me even i accept his second wife but she and her family wants me to get the divorce
Since his 2 wife in London he says I divorce u (he & she does not live together due to nikkah only)
Last time he came on the Miraj shareef and said I will take both f u and both of u going to stay in Pakistan.
I want to know about Khulla, I am not interestd in money, please do help me
Many Thanks

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)




Husband divorce wife

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person,  no grave, no prophet,  no imam,  no dai,  nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.


Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229: A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. 


Beloved sister, if your husband has already declared to you the terms ‘I divorce you’, then it will be considered a legal divorce in Shariah, unless and until he specifically takes you back as his wife before the ‘iddah’ or waiting period of divorce is over.  He can only say these terms ‘I divorce you’ two times in his marriage to you, and if he declares the divorce the third time, then you and your husband will be considered irrevocably divorced and he cannot take you back as his wife, unless you marry someone else and your new husband, of his own free will divorces you, or he dies.


A divorce initiated by the wife in a Shariah Court is called a ‘khula’ in Shariah terminology.  The ‘Khula’ divorce is only necessary when the wife seeks a divorce from her husband, and the husband refuses to give her a divorce; whereby the wife has a right to seek the divorce through a Shariah Court.


But in the case you have outlined in your letter, it is your husband who is seeking to divorce you; thus ‘khula’ is not necessary.  What needs to be determined in this specific case is how many times has your husband divorced you by declaring the terms ‘I divorce you’; whether he has said it once, twice or thrice; and how much time has elapsed between his declaring each divorce and accepting you back as his wife.  If you could kindly clarify these conditions to us, or seek a legal Shariah opinion from a Shariah Judge or an Imam of any local mosque; as the number of times your husband has divorced you has a serious implication on the state and condition of your marriage.


If your husband has divorced you once or twice, and taken you back before the ‘iddah’ or waiting period has expired; then you remain his wife.

If your husband has divorced you once or twice, and the ‘iddah’ period has passed; then it will be considered a divorce.  The husband and the wife have a right to remarry, if they wish to do so, with a brand new nikaah.

But if your husband has divorced you three times, then it will be considered a final and irrevocable divorce in Shariah; and there is absolutely no way for the husband and wife to re-unite unless the wife marries another husband, and the new husband of his own free will divorces the wife, or dies.


Beloved and dear Sister in Islam, the above issues must be clarified to understand the state of your marriage with your husband.  We request you to either clarify your exact situation to us by email, or seek a legal opinion from the Imam of any mosque or an Islamic Guidance Centre where you reside, as this may have extremely serious implications regarding the state of your marriage. 


Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me.  Allah Alone Knows Best and He is the Only Source of Strength.


Your Brother in Islam,





Privacy  |  About Wister

Copyright © 2024 Wister All rights reserved