Question :

Re-marrying the same husband after obtaining a khula decree: I obtained a khula decree from the Family Court in Lahore due to the torment inflicted upon me by my husband, compelling me to seek legal separation. Despite his remorse and desire for reconciliation now, my iddah period has concluded, and the divorce certificate from the union council has already been issued. My Lawyer and a religious scholar have advised that, in order to remarry my husband, I must marry another person and undergo a subsequent divorce before contracting marriage again with my original husband. I am deeply devoted to my husband and wish to reconcile with him, but I am averse to engaging in an intervening marriage under any circumstances. This matter is of utmost importance to me, and I am reaching out to seek guidance and assistance. I have been informed about this website and your expertise in family matters. Your help in finding a solution to this complex situation would be immensely appreciated, as it pertains to my life and well-being. Thank you in advance for any assistance you can provide.

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  1. Gull Hassan Khan

    30/01/2024

    Thank you for reaching out to us, and we appreciate the detailed information you provided. We understand the significance of your situation, and we aim to provide clarification based on the legal framework. In accordance with the Muslim Family Law Ordinance of 1961, specifically Section 7, Sub-section 6, a Khula Decree is considered as one Talaq only. Even after the issuance of a divorce certificate, it remains a single divorce. Therefore, for contracting marriage with the same husband, only a fresh Nikkah is required. The law explicitly states, “Nothing shall debar a wife whose marriage has been terminated by Talaq effective under this section from remarrying the same husband without an intervening marriage with a third person, unless such termination is for the third time so effective.” This legal standpoint has been reaffirmed by the Superior Courts and the Federal Shariat Court. In a judgment reported in PLD 2014 FSC 43, the court held that “Khula and Mubarat operate as a single irrevocable divorce. Even thereafter, both spouses can contract fresh marriage with mutual consent, of course, if they want to, without any intermediary marriage of the wife with a third person.” Therefore, based on the legal provisions and court judgments mentioned, you should be able to remarry your original husband without the necessity of an intervening marriage. If you have any further questions or concerns, please feel free to reach out. We hope this information provides clarity on your situation, and we wish you the best in your endeavors. Kindly review our article HALALA MARRIAGE AND ITS LEGAL/ SHARIA STATUS. for more detailed information.

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