Fathwa - She took Khul' from her husband after spending all her earnings on him

Question
I have separted from my husband throgh khoula 3years before. after 24
years we lived together.we have 2 daughters. within 6 months he got
his secondmarriage and now his second wife delivered a boy. my both
daughters married. I am a working lady and i have spent all earning
with him and bought 2 houses which isunder his name. because of khula
i could not claimany maint. fees from him.now he is inviting me to
re-union and promising he will look after me. but he refused to give
any property on my name. because of his short temperd and making
problems always at homeand beating when he was angry i got separated
him. i feel alone and even now also i am always remembering him. is
there any sin for me afterdivorce and he got second marriage still i
amremembering him? now he got a son so my daughters will not get any
share from his property if he is not willing to give anything for them
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
, is His Slave and Messenger.
We have previously pointed out that Khul' is one irrevocable divorce;
so please refer to Fatwa 88502 . The irrevocably divorced woman
(unless she is pregnant) is not entitled to maintenance and her
husband cannot take her back except with a new marriage contract
because he has become a stranger to her. If the wife remembering her
husband after minor irrevocable divorce means her desire to return to
him and the like, then there is nothing wrong with that.However, if
what is meant is imagining sexual intercourse with him, then this is
not permissible. As for returning to him, you should not hasten to do
that as long as he used totreat you in that bad manner. If you want
that,then consult some wise people in that regard and offer prayer of
Istikhaarah (seeking guidance) to your Lord The Almighty and He will
choose for you what implies all good, Allaah Willing. For more
benefit,kindly refer to Fatwa 81434 about how to offerprayer of
Istikhaarah.
We would like to draw attention to some matters:
Firstly, if the wife helped her husband in building the house
voluntarily, then it is not permissible for her to ask him to
reimburse her for what she had spent. But if she spent on building the
house as a real partner, then she owns from the house a share in
accordance with what she had spent.
Secondly, if what the wife spent on her husband or on herself and her
children was a kind of donation and gift, then she has no right to ask
him to reimburse her for what she had spent. But if that was a loan,
then she can ask him to pay it back to her. It is her word that counts
in this regard and she has to take oath.
However, the cases of dispute can be settled through the Islamic
courts or the authorities that are specialized in looking into matters
of Muslims in the non-Muslim countries such as the Islamic Centers
because the matter needs investigation, more information and the like.
Thirdly, the husband should not prefer one of his children to the
others with a gift except with a sound reason. All childrenhave right
in the property he leaves after his death. It is not permissible to
deprive anyone of them from his share; be them males or females.
Allaah The Almighty says (what means): { Allaah instructs you
concerning your children: for the male, what is equal to the share of
two females. } [Quran 4:11]
Allaah Knows best. - - ▓███▓ Translator:->
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