Remarrying after khula

Q: I have a elder sister, she had taken a khulanama and talaq e bain as per Indian juridical in the year of 2015 and she also taken a custody of her 3 year son at the time of Khula and from now they are living separate.

Now her husband wants to remarry with her and he is saying I didnt say a word of talaq and since you wanted khula so I just signed and my intentions were not to take khula.

After they get khula my sister didnt perform the iddat period and she is just living a life without a husband.

Now they both want to remarry, can they remarry in Islamic laws.

One more thing, on khulama paper it was written that khulanama and talaq e bain irrevocable what does that mean?

A: If before the khula he did not issue any talaaq, then through the khula one talaaq e baain (irrevocable talaaq) has taken place. If they both wish to reunite then a new nikaah will have to be performed with a new mahr.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)