Fathwa, - A husband divorcing his wife after giving her Khul'

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Q- Assalam oa alikum 1 - After khula )talaq bain(, If he divorce her again within her iddah, this is not a valid divorce as khula has voided the marriage contract already and she was no longer his wife. is this correct ? 2 - If parents forced their daughter to sign khula papers else she will have rotten relations or even face an explusion from the house of parents and she signed that paper under extreme pressure while she do not intend to ask khula in reality. is this khula valid in Islam? Prophet said "no talaq is valid in ighlaq". Regards M. Sami
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 Muhammadis His slave and Messenger.
Khul’ takes place as one irrevocable divorce as we clarified in Fataawa 88502and 88375. Therefore, if the husband initiated divorce to his wife after it ]Khul’[, this divorce does not take place because there is no relevance here, since this woman is no longer his wife; this is the view of the majority of the scholars.
However,Imaam Maalikis of the view that if Khul’ is followed by uttering divorce without interruption after the utterance of the word Khul’, then divorce takes place )because in this case it indicates that the husband intended two divorces when he uttered Khul’(. This is in regard to your first question.
As regards your second question, the answer is that if the parents threaten to cut ties of kinship with their daughter or drive her out of the house if she does not sign the paper of Khul’, then this is not considered a state of constraining compulsion. So, if this husband initiated Khul’ and the wife gave him compensation, then the Khul’ is valid. In this case, the wife becomes irrevocably divorced from her husband.
If this is not the third divorce, and the two spouses wanted to turn back to marital wedlock, then her husband may take her back but with a new contract. If her guardian refuses to marry her off, she may take her matter to a Muslim judge, or whoever acts on his behalf, so that he will order him to marry her off or that the judge will marry her off himself.







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