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FatwaFederal TerritoriesMarriage & Family

AL-KAFI #1477: ADAKAH KHULU’ (TEBUS TALAK) MENGURANGKAN BILANGAN TALAK?

Does khulu’ (divorce by redemption) reduce the number of talaq, and can a husband who had pronounced two talaq and then divorced by khulu’ remarry his former wife?

Short answer

Khulu’ is treated as a minor irrevocable divorce (talak ba’in sughra) that reduces the number of talaq, following Imam al-Shafi’i and the preferred view in the Shafi’i school.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Al-Kafi li al-Fatawi
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

Khulu’ is treated as a minor irrevocable divorce (talak ba’in sughra) that reduces the number of talaq, following Imam al-Shafi’i and the preferred view in the Shafi’i school. A first khulu’ leaves the husband with two remaining talaq. For a husband who had pronounced two talaq, reconciled, and then divorced by khulu’, it counts as the third talaq. He is forbidden to take her back or remarry her until she has married another man. The fatwa also notes one narration from Imam Ahmad that regards khulu’ as a fasakh which does not reduce the number of talaq.

Written in our own words from the original fatwa — check the source before acting on it.

Tuntasnya, khulu' ialah talak ba'in sughra yang mengurangkan bilangan talak.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “AL-KAFI #1477: ADAKAH KHULU’ (TEBUS TALAK) MENGURANGKAN BILANGAN TALAK?”, 12 December 2019. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/3883-al-kafi-1477-adakah-khulu-tebus-talak-mengurangkan-bilangan-talak. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/does-khulu-reduce-number-of-talaq/

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Evidence cited

Quran verses

  • Al-Baqarah 2:229
  • Al-Baqarah 2:230

Books

  • al-Fiqh al-Islami wa Adillatuh (Wahbah al-Zuhaili)
  • al-Fiqh al-Manhaji