A man granting his wife Khul` and wishing to revoke it against her will
Q: A man
divorced his wife during a fit of anger when she was pregnant. He divorced her again after she delivered the child. He then revoked the divorce in view of the children's bad condition, as they are living with her and he does not want to separate the mother from her children. Is it permissible for him to revoke her?
When asking the judge of
regarding their case, (Part No. 19; Page No. 409) he said: (`A.M.J) divorced his wife (H.M.S) in return for bringing up their children (A.`A) and (Kh.`A) until they reach the age of puberty or in case their mother gets married. The divorce was issued on 29/11/1393 A.H., document no. 407 claiming that his wife wanted to return to him, she was brought to the court and was informed with the letter of His Eminence, the Chairman of the Departments of Scholarly Research, Ifta', Da`wah, and Guidance. She insisted on refusing to return to him with a new Mahr (mandatory gift to a bride from her groom) and new contract. Her acknowledgment was recorded in the minutes vol. 18, p. 95 in 1394 A.H.
The questioner (`A.M.J) divorced his wife (H.M.S) in return for compensation, according to what was mentioned by the judge in document no. 407 in 29/11/1393 A.H. The wife was brought in front of the judge and refused to return to her husband with a new contract and new Mahr. Thus, he cannot revoke her back except with a new Mahr, new contract, and her approval. (Part No. 19; Page No. 410) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.