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 took khula from my husband can i become in his nikaah again. and wat will be the procedure do we have to do nikah again plz must answer my question. i will be so thank full to you. 

 

(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.)

 

Answer:

 

Can divorced women remarry husband

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Shariah Law allows for three divorce declarations in any one marriage, the first two divorce declarations of which are revocable; but if a third divorce is pronounced, that would be considered irrevocable.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-230:

229    A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.  It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah.  If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

230    So if a husband divorces his wife (irrevocably for the third time) he cannot after that remarry her until after she has married another husband and he has divorced her.  In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah.  Such are the limits ordained by Allah which He makes plain to those who understand.

 

Your Question: i took khula from my husband can i become in his nikaah again.

If the ‘khula’ which you took from your husband is the first (or the second) establishment of divorce in your marriage, indeed there is allowance in Shariah for the same husband and the wife to remarry each other again through the performance of a brand new ‘nikaah’.

 

But if the ‘khula’ taken by the wife is the third establishment of divorce in the marriage, the same couple can never ever remarry each other again, unless the wife happens to marry another husband, and her new husband of his own free will happens to divorce her, or he dies.   

 

Your Question: ….and wat will be the procedure do we have to do nikah again

If the ‘khula’ taken by the wife in the marriage is the first (or the second) divorce, the couple have the option in Shariah to remarry each other again…..but a brand new ‘nikaah’ with a brand new ‘mehr’ must be performed between them.

 

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

 

Your brother and well wisher in Islam,

 

 

Burhan