The statement made by the questioner that Khul is considered an irrevocable divorce that can only be undone by marrying someone else is incorrect. The correct view is as follows:
Firstly, there is a difference of opinion among scholars as to whether Khul is a form of divorce or annulment.
1- The majority view among the Hanafis, Malikis, Shafi’is, and a narration from Ahmad, as well as the Dhahiriyah school and other individual scholars such as Al-Awza’i, is that Khul is a form of irrevocable divorce that counts as one divorce.
2- The view of the Hanbalis, the early view of the Shafi’is, and some of the Mujtahid scholars such as Ishaq and Abu Thawr, is that Khul is a form of annulment of the marriage contract and not considered a divorce. As a result of this difference of opinion, if a woman obtains Khul from her husband, according to the first view, she is considered divorced by one divorce, while they still have two divorces left if they later decide to divorce again. On the other hand, according to the second view, they must reconcile through a new marriage contract, and if they later decide to divorce again, she will have three divorces left.
Secondly, there are different situations for a woman who obtains Khul from her husband:
– Either she is divorced by her husband using the word “Talaq” or “Khul”, or by his actions that indicate a divorce. If he divorces her using the word “Talaq”, she is considered divorced by one irrevocable divorce if he used the word once, two irrevocable divorces if he used it twice, and three irrevocable divorces if he used it three times. If he divorces her using the word “Khul” or its equivalent, her situation is determined according to the views mentioned in “Firstly”.
– If she takes her case to a judge and obtains Khul from her husband, the separation occurs according to the view mentioned in “Firstly”.
Thirdly: The waiting period (Iddah) of a woman who has obtained Khul:
Scholars have differed regarding the iddah of a woman who has obtained Khul:
1- The majority of scholars, including the Hanafi school of thought, are of the opinion that the iddah for a woman who has obtained Khul is three menstrual cycles, which is the same as the waiting period for divorce.
2- However, Imam Ahmad, in a narration attributed to him, and also Ibn Taymiyyah and Ibn al-Qayyim, as well as a narration from Abu Thawr among the Mujtahid scholars, hold the view that the iddah for a woman who has obtained Khul is only one menstrual cycle to ensure that she is not pregnant.
And Allah knows best.
Fatwa by Dr. Khālid Naṣr