2 Sharʿi Rulings on Post-Khulʿ Marriage — With Authentic Evidence
Derived from: Fatawa Arkan-e-Islam
الحمد لله، والصلاة والسلام على رسول الله، أما بعد!
❖ Ruling ①: Khulʿ Is Not Ṭalāq, But a Revocation of Nikāḥ (Faskh al-Nikāḥ)
◈ Scholarly Evidence:
➊ Narration of ʿAbdullah ibn ʿAbbās رضي الله عنه:
“The wife of Thābit ibn Qays obtained khulʿ from him, and the Prophet ﷺ prescribed one menstrual cycle as her ʿiddah.”
(Sunan Abī Dāwūd: 2224)
➋ Statement of ʿAbdullah ibn ʿUmar رضي الله عنهما:
“ʿIddah of a woman who has taken khulʿ is one menstrual cycle.”
(Sunan Abī Dāwūd: 2230)
✦ Legal Reasoning:
- If khulʿ were a ṭalāq, the ʿiddah would be three menstrual cycles, as in standard divorce.
- These narrations demonstrate a clear distinction, establishing khulʿ as a faskh (revocation), not ṭalāq.
❖ Ruling ②: It Is Permissible to Remarry After Khulʿ
◈ Fiqh Verdict of ʿAbdullah ibn ʿAbbās رضي الله عنهما:
A man gave his wife two ṭalāqs, after which she sought khulʿ. The question arose: Can he remarry her?
Ibn ʿAbbās رضي الله عنه replied:
“Yes, khulʿ is not ṭalāq. Allah mentioned ṭalāq at the start and end of the verse, and placed khulʿ in between — indicating it is not counted as ṭalāq.”
(Al-Sunan al-Kubrā by Bayhaqī, Vol. 7, p. 216)
◈ Qur’anic Reference:
➤ “الطَّلَاقُ مَرَّتَانِ…” (Surah al-Baqarah: 229)
➤ “فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ…” (Surah al-Baqarah: 230)
- If khulʿ were counted as ṭalāq, it would be treated as a fourth divorce, which Shariʿah does not permit.
- Therefore, new nikāḥ after khulʿ is permissible, with mutual consent.
✿ Summary of the Two Rulings:
✅ ➊ Khulʿ is Not Ṭalāq But Faskh al-Nikāḥ
- Backed by narrations from Ibn ʿAbbās and Ibn ʿUmar
- Shorter ʿiddah proves it’s not divorce
- Juristically distinct from ṭalāq
✅ ➋ New Nikāḥ Is Permissible After Khulʿ
- No condition of ḥalālah
- Supported by Fatwa of Ibn ʿAbbās
- Permitted as per majority of scholars, including Shaykh Ṣāliḥ al-Munajjid رحمه الله
❖ Reason for Scholarly Disagreement:
- Some Pakistani Salafi scholars view khulʿ as a form of ṭalāq, hence consider it similar to the final/third divorce case.
- Many Arab scholars, like Shaykh Ṣāliḥ al-Munajjid, regard khulʿ as faskh, allowing remarriage without any issue.
This disagreement stems from differing usūli (juristic) interpretations of what constitutes divorce versus revocation.
Conclusion:
According to the stronger and well-supported view, khulʿ is not ṭalāq but faskh al-nikāḥ, and therefore, a new nikāḥ is valid and permissible if both spouses agree.
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