Can I Not Remarry if My Husband Insists We Separate Through a Khula‘?
Answered by Mawlana Ilyas Patel
Question
I am Shia, and my husband is Sunni. We don’t live together. He doesn’t want to continue his relationship with me. I understood he has another wife, too, and he wants to keep her, but I want to be with him forever. He is insisting that I do a Khula‘ online. He said if he got divorced from me, then we wouldn’t be able to marry again. Is it true or not?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good health and faith. Thank you for your question. I am sorry to hear about your situation.
If you separate through a khula, you can remarry anytime with a renewed marriage contract (nikah) and dowry (mahr). If he insists he doesn’t want to live with you, then after having a conversation with him, if he still insists, be it so, let him live his life as he wants to that way. Also, you are both apart from each other. This may cause frustration and misunderstandings in the future, too.
A khula‘, release for payment, allows a wife to seek separation from her husband by offering compensation, effectively finalizing the cancellation of the marriage agreement. However, it only constitutes one divorce, and not three. [Ibn ‘Abidin, Radd al-Muhtar]
I pray to Allah (Most High) to destine all good for you, Amin.
Related: Can Agreeing To Khula‘ Result in Three Talaqs?
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
