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Taking ex wife back after khula

Q:

Assalamu alaikum dear learned sheikh

I wish you ask a question surrounding my current situation.

I married my wife back in aug 2017 and she left my house in feb 2019. Since then I’ve tried to reconcile but was unsuccessful as my number was blocked at multiple occasions by her. She then filed for Khula which was granted to her and her 1 month idda period began on 24th July 2020. Currently her idda period has just finished.

I messaged her few days back to just apologise for everything as a fellow muslim and ask for forgiveness (not with the intention of getting back together) I said I acknowledged my mistakes and she acknowledged hers we both could have done things differently to prevent it coming to this stage now. We then left it at that.

She then text me back saying why couldn’t you pursue me wasnt I that good of a women? Etc etc. Then we started engaging in conversation and we both realised we still had feelings for each other.

Now my question is can I take her back or do I have to renew my nikka contract with her?

The sharia council who she went to for khula advised her she had to wait for 3 months idda period even though it’s meant to be 1 month. They also ignored ALL my questions when they sent me letters for khula. I felt as though they only did it for the money. They did not try to reunite the two of us.

Please advise me at your earliest

Jazakallah khairan sheikh
Nadeem Ahmed

A:

Assalamu Alaykum

Thank you for your Question.

According to your writing i believe only a court divorce has been done between the two of you? if that is the case, then you are still man and wife until the Islamic law Divorce is recited with the following condition:

1- You have to have two believing adults as your witness
2- The woman has to be clean of her menstrual period and also shouldn’t be pregnant
3- Proper Arabic words need to be uttered for the act to take place.

If the above was not done, you are still married to one another.

You may want to read on the same on the following link:
https://www.sistani.org/english/book/48/2344/

Regards,
N.S.Jaffery