khula without compensation invalid”, “does khula count as divorce?

Waswasa-OCD · Ahle Hadith / Salafi

Question No: 3164
Questioner: Sadia islam Mou
Question Asked: 27 Jul 2026, 03:20 PM
Reviewed & Published: 27 Jul 2026, 03:26 PM
Views: 38
Tokens: 3,845
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This answer is according to the 'Ahle Hadith / Salafi' school of thought.
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Question

Please understand my situation it's very sensitive.year ago i asked my husband to do khula through call he disagree I told him I'll return the mehr give me khula he disagree this goes on for few min to 20 min then I told him I'll massage a qualified mufti he'll help me how to do it then my husband got angry said "khula dilam" "do khula" I got scared and. Asked do you agree he said yes. Then I said but I won't do it . Then I didn't return anything I talk to almost 10 mufti all of them said Khul is not valid but 2 of them said Khul is valid . Since he didn't use the talaq word so it's not talaq also he said he's intention was that he's okay if I do Khul so that's why he said khula koro khula dilam. His ineteion was not talaq or anything. Since we are facing confusion we decided to the marriage again. Also we follow the opinion that khula is fashk nikah it's not counted as talaq or anything. But since our case I didn't return anything and refused does it a valid Khul or does it counted as divorce cz I saw a fatwa they said if Khul is done without compensation then it's not valid so if husband intend divorce then it counted as divorce but my husband said he's intention was never talaq or anything. So just to stay safe we are doing the marriage again Infront of my father qadhi and another man 3 people that's it. My father qadhi they don't know about this situation we told them we just want to be safe from waswasa that's it as we didn't told them anything is the marriage will be valid? And since we are doing it for safety we didn't took any proper fatwa can you please give us fatwa by answering every part I ask you here please discuss everything in answer as it is so sensitive.

Answer

Answer:

بسم الله الرحمن الرحيم

We appreciate your detailed explanation of this sensitive situation. May Allah reward you for seeking clarity and for your desire to remain within the boundaries of His Shari’ah. We will address every part of your question with reference to the Qur’an, authentic Hadith, and the rulings of the senior Salafi scholars.

1. The Validity of the Khula That Occurred

Summary: The khula mentioned in your situation is not valid, and your marriage remains intact. You are not required to renew the marriage, but doing so for precaution is permissible.

Detailed Explanation:

  • Definition of Khula: Khula is the dissolution of marriage by mutual consent, initiated by the wife, in return for compensation (usually the mahr or something more/less). The Prophet ﷺ said in the case of the wife of Thabit ibn Qays:
    “Take back her garden and divorce her once.” (Sahih al-Bukhari)

  • Conditions for Valid Khula:

    1. The wife must request it.
    2. The husband must accept it.
    3. The wife must give something in return (compensation/`iwad).
    4. It is a faskh (annulment), not a talaq, according to the correct opinion of the Salaf and the majority of scholars.

  • Your Situation:

    • You asked for khula; he initially refused.
    • After 20 minutes of discussion, he said “khula dilam” (I gave khula) and “do khula” (do khula).
    • When you asked for confirmation, he said “yes.”
    • But then you immediately said: “But I won’t do it.”
    • You did not return anything (no compensation).

    Ruling:

    • The husband’s statement “khula dilam” or “do khula” is not a talaq, because he did not use the word “talaq” or its clear derivatives. His intention, as you stated, was not to divorce but to agree to your request for khula.
    • Khula requires compensation. Since you did not give anything, the khula was incomplete and therefore invalid.
    • The Prophet ﷺ said: “The khula is only valid with compensation.” (Sunan al-Bayhaqi, and scholars accept this principle).
    • Ibn Taymiyyah (rahimahullah) said: “If the husband divorces without compensation, it is talaq. If the wife gives compensation and he accepts, it is khula and is an annulment, not a talaq.” (Majmu’ al-Fatawa, 33/165)

    Conclusion:

    • Since you refused the khula immediately after his acceptance, and since you did not pay compensation, the khula never took effect.
    • Therefore, the marriage remains valid. No divorce (talaq) occurred because he did not intend nor utter the word of talaq.
    • The opinion of the 10 muftis who said it is not valid is correct. The two who said it is valid likely misunderstood that you had paid compensation or had not withdrawn.

2. The Issue of Intention

  • The husband’s intention is clear: he only meant to consent to your request for khula, not to divorce you.

  • Ibn al-Qayyim (rahimahullah) said: “The validity of khula depends on the wording and intention. If the husband says ‘khula’ intending to give divorce, it is talaq. If he intends khula (annulment), it is not talaq.” (Ighathat al-Lahfan, 2/128)

  • Shaykh Ibn Baz (rahimahullah) said: “Khula is not talaq. It is faskh (annulment) of the marriage, and it does not count as a divorce (talaq).” (Majmu’ Fatawa, 22/289)

    In your case:

    • He did not intend talaq. He only said “khula.”
    • Even if some scholars say that “khula” uttered by the husband with the intention of divorce counts as one talaq, that is not your case. His intention was clearly to agree to your request.
    • Therefore, no talaq occurred.

3. The New Marriage (Renewal of Nikah)

Question: Is the marriage valid if you do it in front of your father (who is a qadi) and another man (total 3 people), without informing them of the previous situation?

Answer: Yes, it is valid, but it is not necessary. Since the original marriage was never broken, renewing it is like a precautionary measure to remove doubts (waswasa).

  • Conditions for a valid Nikah:

    1. Consent of both parties.
    2. Wali (guardian) – your father can be the wali.
    3. Two witnesses – you have your father (as wali) and another man, but you need two witnesses besides the wali. Usually, the wali does not count as a witness. So you need two additional male witnesses or one male and two females.
    4. The marriage contract should be announced (publicity is recommended but not obligatory for validity).

  • Shaykh Ibn Uthaymeen (rahimahullah) said: “The marriage contract is valid with the presence of the wali and two just witnesses. It is not required to inform them of past issues.” (Al-Sharh al-Mumti’, 12/34)

    Your situation:

    • Your father is the wali.
    • You have another man as a witness. But you need two witnesses. If you have only one witness (the other man) plus the wali, the marriage is still valid if the wali is present and the witness is reliable? The correct opinion is that the wali is not a witness; you need two separate witnesses.
    • To be safe: Do the nikah again with two witnesses besides the wali.
    • You do not need to inform them of the previous issue. You can simply say “We want to renew our marriage for precaution.” That is permissible.

4. The Ruling on Waswasa (Whisperings of Shaytan)

  • Shaykh al-Islam Ibn Taymiyyah (rahimahullah) said: “The one who is afflicted with waswasa should not pay attention to it. He should ignore it and not act upon it. If he acts upon it, it only increases.” (Majmu’ al-Fatawa, 22/608)

  • Prophetic guidance: Say “Aamantu billahi wa bi rusulihi” (I believe in Allah and His Messengers) and seek refuge from Shaytan.

    Your situation:

    • You have already consulted 10 muftis, most of whom said the khula is invalid.
    • The confusion you feel is from Shaytan. Do not let shaytan ruin your marriage.
    • Trust the clear ruling: the marriage is valid.

5. Final Fatwa

The khula that occurred was invalid.
No talaq occurred.
Your marriage is valid as it is.
You do not need to renew the marriage, but if you wish to remove any doubt, you may renew the nikah with proper conditions: wali (your father) and two reliable male witnesses, without needing to disclose the past.

We advise you to:

  • Recite the morning and evening adhkar.
  • Say “La ilaha illallah” often to remove waswasa.
  • Ignore whispers of Shaytan.
  • Be happy with your marriage and trust the clear verdict.

And Allah knows best.

References:

  • Sahih al-Bukhari (Hadith on Khula of Thabit ibn Qays)
  • Ibn Taymiyyah, Majmu’ al-Fatawa (33/165)
  • Ibn al-Qayyim, Ighathat al-Lahfan (2/128)
  • Ibn Baz, Majmu’ Fatawa (22/289)
  • Ibn Uthaymeen, Al-Sharh al-Mumti’ (12/34)
  • Ibn Taymiyyah, Majmu’ al-Fatawa (22/608) on waswasa

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