His wife got a khula‘ separation from the court, but he still thinks that she is his wife

Question: 151776

My problem i got married with a divorced gal , we had a relation before her nikkah , but she got nikkah with some1 else .. After her nikkah she got divorced wid him n thn i married wid her only nikkah infact .. After my nikkah her family forced her to take a khulla from me , i didnt want to give her a divorced i forced her to not to do this thing but she waz arguin wid me n she has taken a khula from court .. On may 2009 , but confusion is today 20th may 2010 still i dont sign that divorced form ,they took a help from some political parties also . But i wont give her divorced , for me im still married , but for them my wife is free now , n now she is goin to get married wid sum1 else ..

So i jus wanna knoe am i a divorcee now ? Or wat ?

Cuz still i dun wanna loose her .. Plzz answer me .

Answer

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

In the case of khula‘, it is not stipulated that the word of divorce be uttered; it is an annulment and not a divorce (talaaq) according to the correct opinion. When khula‘ is done, the wife is irrevocably divorced, and the husband does not have the right to take her back except with a new marriage contract.

Khula‘ may be given in return for financial payment, such as if the wife returns the mahr to the husband or gives up some of the delayed portion of the mahr. See the answer to questions no. 126444 and 133859

The qaadi may oblige the husband to divorce his wife by talaaq or by khula‘, if he finds cause to do so, such as if the wife is being harmed. If the khula‘ or divorce has been done through the court, the husband has no choice but to refer back to the court and try to convince the court to overturn its decision or to get an official fatwa from the relevant department in his country stating that the khula‘ is invalid, and submit this fatwa to the court.

And Allah knows best.

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