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My husband has previously given me 2 talaqs. After I asked for a khula and all conditions were met. Can we still be married or does the khula hold the same weight of talaq and we now have three talaqs?

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  • DId the husband give the khula or not? Simply asking for it does not count as divorce.
    – UmH
    Commented Sep 4 at 2:54
  • There are also other details which are necessary for answering this. For example how did the husband give khula? If he used divorce then it counts as a third divorce. What school of thought do you follow? If the husband used the word khula then there is disagreement among the madhabs on whether it is counted as a divorce (majority opinion) or as an annulment (minority opinion). For verdicts like this you should consult a Mufti.
    – UmH
    Commented Sep 4 at 3:06
  • He did not use the word divorce at the time of khula. I asked for a khula in front of one male and one female witness and he just said "ok". My husband is Hanifi but I am Hanbali. Do you know of fatwa according to Bangalore school of thought? Commented Sep 4 at 3:35

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In Islamic law, Khula and Talaq are both legal ways to end a marriage, but they have different procedures, implications, and weights. Here's a brief comparison:

Talaq:

  • Initiated by the husband
  • Typically, a unilateral declaration (though some require witnesses or a written document)
  • Can be pronounced in different forms (e.g., "I divorce you" or "You are divorced")
  • Can be revocable (depending on the type and circumstances)
  • Often considered a more common and socially accepted form of divorce

Khula:

  • Initiated by the wife
  • Requires mutual agreement and consent from the husband
  • Typically involves a negotiated settlement (e.g., returning the dowry or other marital assets)
  • Considered a more equitable and collaborative process
  • Less common than Talaq, and sometimes stigmatized or misunderstood

While both Khula and Talaq are recognized Islamic divorce procedures, they carry different social and cultural connotations. Talaq is often seen as a more masculine and assertive approach, whereas Khula is perceived as a more feminine and collaborative approach.

In terms of weight, both procedures are considered valid and binding in Islamic law. However, Khula might be viewed as a more balanced and harmonious way to end a marriage, as it involves mutual consent and negotiation. Ultimately, the weight and significance of each procedure depend on the individual circumstances and the specific Islamic tradition or interpretation.

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