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Answered by 2 scholars Family & MarriageSA-0119

What is the ruling on divorce, khula, and remarriage?

Answer 1 of 2Published work 1 min read
SourcePublished work
Ibn al-Qayyim al-Jawziyyah· محمد بن أبي بكر ابن قيم الجوزيةClassical Scholar

Zad al-Ma'ad

Zad al-Ma'ad 5/241–268; I'lam al-Muwaqqi'in 3/30

Talāq is the most hated of the permissible things to Allah — it is permitted only at need. The legislated form is to divorce the wife in a state of purity in which the husband has not had relations with her, then to leave her until her ʿiddah ends — this is one revocable divorce. Three pronouncements at one sitting is, on the most authentic position (the view of Ibn 'Abbas, Ibn Taymiyyah, and a group of the Salaf), counted as one. Khulʿ is the wife's right when she dislikes the marriage; she returns the dowry and the marriage is dissolved. Remarriage to a thrice-divorced wife is not permitted until she marries another genuinely (not by halāla, which is cursed).

Key Takeaway

Talāq must follow the Sunnah method; three at one sitting count as one (preferred view); halāla marriages are cursed.

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