❖ After Khulʿ, the Wife Can Only Return Through a New Nikāḥ – Rujūʿ is Not Sufficient
Written by: ʿImrān Ayyūb Lāhorī
❀ Ruling
When a man grants his wife khulʿ, the matter is no longer in his hand for rujūʿ (taking her back).
After khulʿ, the wife cannot return merely by rujūʿ; rather, their union can only be restored through a new nikāḥ contract.
❀ Linguistic Explanation
The word “khulʿ” comes from خلع الثوب (to remove a garment), because Allah تعالى described the spouses as garments for one another:
هُنَّ لِبَاسٌ لَّكُمْ وَ أَنْتُمْ لِبَاسٌ لَّهُنَّ
[البقرة: 187]
Since husband and wife separate through khulʿ just as a garment is removed, it is called khulʿ.
❀ Technical Definition
Khulʿ means:
A woman gives back the mahr (or part of it) to her husband in return for separation.
References:
- Fatḥ al-Bārī 10/496
- al-Mughnī 7/67
- Kashshāf al-Qināʿ 5/237
❀ Evidence for Legitimacy of Khulʿ
➊ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ
[البقرة: 229]
“There is no blame upon them concerning what she gives up to obtain her release.”
➋ فَلَا جُنَاحَ عَلَيْهِمَا أَنْ يُصْلِحَا بَيْنَهُمَا صُلْحًا
[النِّسَاء: 128]
“There is no blame upon them if they reconcile between themselves with settlement.”
➌ فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًا
[النِّسَاء: 4]
“If they (women) willingly give you something, then consume it with pleasure and satisfaction.”
➍ The ḥadīth of Thābit ibn Qays رضي الله عنه clearly establishes khulʿ.
[Bukhārī: 5273]
➎ Consensus (Ijmāʿ) has been established on the validity of khulʿ.
[Nayl al-Awṭār 4/342]
➏ The majority of scholars and fuqahāʾ hold this view.
[Bidāyat al-Mujtahid 2/66; al-Durr al-Mukhtār 2/767; Mughnī al-Muḥtāj 3/262; al-Mughnī 7/51]
