Islamic Ruling on Remarrying After Khulʿ: Qur’an and Hadith Based ViewWritten by: Qari Usama bin Abdussalam (ḥafiẓahullāh)
Topic: Islamic Teachings on Remarriage After Khulʿ
❖ The Central Question
If a woman has taken khulʿ (divorce initiated by the wife in exchange for compensation) from her husband, is it permissible for both of them to remarry later?
This question is answered in the light of the Qur’an, Hadith, and the opinions of the Companions and jurists.
❖ In the Light of the Qur’an
Allah ﷻ says in the Qur’an:
"فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ ۗ وَتِلْكَ حُدُودُ ٱللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ"
(Al-Baqarah: 230)
Translation:
“Then if he divorces her (for the third time), she is not lawful to him afterward until she marries another husband. Then if the latter divorces her, there is no sin on both of them to reunite, if they think that they can keep the limits of Allah. These are the limits of Allah, which He makes clear to a people who know.”
This verse applies to a triple divorce (ṭalāq) scenario. However, khulʿ is a different matter, as clarified in Hadith literature.
❖ In the Light of Hadith
Permission for Remarriage After Khulʿ
During the time of the Prophet ﷺ, the wife of Thābit ibn Qays (RA) sought khulʿ from him. Later, she remarried him.
Ibn ʿAbbās (RA) narrated:
"أن امرأة ثابت بن قيس اختلعت من زوجها، ثم جاءت إلى النبي ﷺ، فقالت: يا رسول الله، إني أخذت منه حديقة، أفأحل له أن أتزوج به؟ فقال النبي ﷺ: نعم، إن شاء فتزوجا."
(Narrated by al-Bayhaqī, al-Sunan al-Kubrā: 7/315, Ḥadīth 14885)
Translation:
“The wife of Thābit ibn Qays (RA) had taken khulʿ from her husband, then came to the Prophet ﷺ and said: ‘O Messenger of Allah, I took the garden from him (as compensation); is it lawful for me to remarry him?’ The Prophet ﷺ said: ‘Yes, if he wishes to do so, then marry.’”
This Hadith is clear evidence that remarrying after khulʿ is permissible, if both parties consent.
❖ Opinions of the Companions and Jurists
Hanbali School
Imām Ibn Qudāmah (RA) said:
"وإن اختلعت المرأة، فله أن يتزوجها بعقد جديد، لأن الخلع ليس بطلاق."
(Al-Mughnī by Ibn Qudāmah: 7/322)
Translation:
“If a woman takes khulʿ, it is permissible for the husband to marry her again with a new contract, because khulʿ is not ṭalāq.”
Shāfiʿī School
Imām Nawawī (RA) wrote:
"إذا اختلعت المرأة، جاز له أن يتزوجها مرة أخرى بعقد جديد، لأن الخلع ليس طلاقاً باتاً."
(Al-Majmūʿ Sharḥ al-Muhadhdhab: 16/349)
Translation:
“If a woman takes khulʿ, it is permissible for her former husband to remarry her through a new contract, because khulʿ is not an irrevocable divorce.”
Ḥanafī School
According to the Ḥanafī jurists, khulʿ is considered a dissolution of the marriage (فسخ), not ṭalāq. Therefore, if the woman has not married anyone else after completing her ʿiddah (waiting period), she may remarry her former husband, as the issue of triple divorce does not apply.
(Fatāwā ʿĀlamgīriyyah: 1/384)
❖ Conclusion
If a woman takes khulʿ and does not marry anyone else afterward, she may remarry her previous husband — this is valid and permissible in Shariʿah, provided that:
✔ Both parties consent
✔ A new marriage contract is conducted
✔ A new mahr (dowry) is stipulated
This ruling is confirmed through Qur’anic guidance, authentic Hadiths, and the opinions of the jurists. There is no objection in Islam to such a remarriage.
❖ Practical Conditions for Remarriage
If a couple wishes to remarry after khulʿ, the following conditions must be met:
① The waiting period (ʿiddah) must be completed (if the marriage was not resumed immediately after khulʿ)
② Mutual consent of both spouses
③ A new marriage contract with a new mahr
If these three conditions are fulfilled, the remarriage is permissible and even recommended.
May Allah bless all marriages with barakah. Āmīn!
