Khula'- Definition And How It Is Done:
He Said To Her "You Are Divorced (Talaaq)" Twice, As A
Joke, Then She Separated From Him By Khula‘
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
What is khula and what is the correct procedure?
If the husband does not want to divorce the wife, can
the divorce still happen? What about in societies like
America, where women who don't like their husbands (in
some case, because the husbands are religious). The
women think that they have the freedom that if they
don't like the men, they can divorce them.
Praise be to Allaah.
Khula' means the separation of the wife in return for
a payment; the husband takes the payment and lets his
wife go, whether this payment is the mahr which he
gave to her, or more or less than that.
The basic principle concerning this is the verse in
which Allaah says (interpretation of the meaning):
"And it is not lawful for you (men) to take back (from
your wives) any of your Mahr (bridal-money given by
the husband to his wife at the time of marriage) which
you have given them, except when both parties fear
that they would be unable to keep the limits ordained
by Allaah (e.g. to deal with each other on a fair
basis). Then if you fear that they would not be able
to keep the limits ordained by Allaah, then there is
no sin on either of them if she gives back (the Mahr
or a part of it) for her Al-Khul‘ (divorce)"
The evidence for that from the Sunnah is that the wife
of Thaabit ibn Qays ibn Shammaas (may Allaah be
pleased with him) came to the Prophet (peace and
blessings of Allaah be upon him) and said, "O
Messenger of Allaah, I do not find any fault with
Thaabit ibn Qays in his character or his religious
commitment, but I do not want to commit any act of
kufr after becoming a Muslim." The Prophet (peace and
blessings of Allaah be upon him) said to her, "Will
you give back his garden?" Because he had given her a
garden as her mahr. She said, "Yes." The Prophet
(peace and blessings of Allaah be upon him) said to
Thaabit: "Take back your garden, and divorce her."
(Narrated by al-Bukhaari, 5273).
From this case the scholars understood that if a woman
cannot stay with her husband, then the judge should
ask him to divorce her by khula'; indeed he should
order him to do so.
With regard to the way in which it is done, the
husband should take his payment or they should agree
upon it, then he should say to her "faaraqtuki" (I
separate from you) or "khaala'tuki (I let you go), or
other such words.
Talaaq (i.e., divorce) is the right of the husband,
and does not take place unless it is done by him,
because the Prophet (peace and blessings of Allaah be
upon him) said: "Talaaq is the right of the one who
seizes the leg (i.e., consummates the marriage)" i.e.,
the husband. (Narrated by Ibn Maajah, 2081; classed as
hasan by al-Albaani in Irwa' al-Ghaleel, 2041).
Hence the scholars said that whoever is forced to
divorce his wife by talaaq wrongfully, and divorces
her under pressure, then his divorce is not valid. See
With regard to what you mention, that a woman in your
country might arrange her own divorce through the
man-made laws, if this is for a reason for which it is
permissible to seek a divorce, such as disliking her
husband, not being able to stay with him or disliking
him because of his immoral ways and indulgence in
haraam actions, etc., there is nothing wrong with her
seeking divorce, but in this case she should divorce
him by khula' and return to him the mahr that he gave
But if she is seeking divorce for no reason, then that
is not permissible and the court ruling on divorce in
this case does not count for anything in terms of
sharee'ah. The woman still remains the wife of the
man. This gives rise to a new problem, which is that
this woman is regarded as a divorcee in the eyes of
the (man-made) law, and can re-marry after her ‘iddah
ends, but in fact she is still a wife and not a
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah
have mercy on him) was asked about a similar matter
Now we have a problem. The fact that she is still
married to him means that she cannot marry anyone
else, but according to the court ruling she is
apparently divorced from him, and when her ‘iddah ends
she can re-marry. I think that the only way out of
this problem is that good and righteous people should
get involved in this matter, to bring about
reconciliation between the man and his wife. Otherwise
she has to give him some payment, so that it will be a
proper shar'i khula'.
Liqa' al-baab al-Maftooh by Shaykh Muhammad ibn
‘Uthaymeen, no. 54; 3/174.
He Said To Her "You Are Divorced
(Talaaq)" Twice, As A Joke, Then She Separated From
Him By Khula‘
I am from uk my question is around 4 years
before in mimicking (naqal utarana mazaq mein) i was
sitiing with my husband and he was repeating whatever
i was saying so to make him quite i said i give u
talaq than he repeat i give u talaq....than again i
said i give u talaq than again he repeat i give u
talaq...after than i said to him now u have given me
talaq and i know it was mimicking but he said it 2
times than we went to mosque one of mulana said to us
do ruju and never do this kind of jokes,,,,now after 5
years i took khula from my huband and i have completed
my iddat as well now at the time of khula he give me
talaq one time and sign the khula paper as mulana ask
him to do so,,,,now my question is altogether in life
he has said 3 times talaq to me,,,,can we do another
nikkha w/o marry to someone else i mean can i do
nikkha to him again? b/c as at the time of khula
mulana said to me that after your iddat
period you can remarry to anyone and to your ex
husband as well with ....so my question is first 2
times he said talaq in mimicking and after than we had
ruju and than after 5 years i took khula from him and
in khula mulana ask him to say "talaq" one time and he
said that .....but now in life altogether he has said
to me 3 times ,,,can i do fresh nikkha with him i mean
can i remarry him or not...thanks JAZAK ALLAH.
i just want to clear my question is that i know he did
talaq in mimicking 2 times and after that we had ruju
but in khula as mulana in sharia council ask him to
say i give u talaq....so he said that sentence once
but now in life he said that talaq word 3 times i mean
2 in jokes and one in khula so can i remarry him or do
halala is required.
Praise be to Allaah.
The scholars differed as to whether a talaaq given as
a joke counts as such. The majority are of the view
that it does count as such, as has been stated
previously in the answer to question no. 44038. But
whether the husband repeats the "talaaq" twice or
three times or more, it only counts as one according
to the more correct opinion, because the second talaaq
can only be given after doing a new marriage contract
or taking the wife back.
Based on that, what happened to you the first time was
Khula‘ is not regarded as a divorce (talaaq), even if
the word talaaq is used, according to the more correct
opinion. See the answer to question no. 126444.
Based on that, only one talaaq has taken place, and if
you want to go back to your husband, it is permissible
to do so with a new marriage contract, because khula‘
invalidates the first nikaah.
And Allah knows best.