Can a wife seek a Khul' or divorce from her husband who married another woman and concealed the divorce from her, then evaded her regarding her return, and abandoned her and her children?
A husband must treat his wife as Allah and His Messenger have commanded. The wife is advised to sit with her husband and discuss the unresolved issues between them, reminding him of her rights and the rights of their children upon him. If they do not agree, she may refer the matter to a judge to rule as he deems appropriate. It is not permissible for a wife to seek divorce merely because her husband has married another woman. As for the divorce pronounced by the husband, if he utters the words, it counts as a divorce. However, if he writes it without uttering it and does not intend divorce, it does not take effect. If it is the first or second divorce, it is a revocable divorce (raj'i), and the husband has the right to take her back without a new contract or dowry. If the waiting period (iddah) ends and he does not take her back, it becomes a minor irrevocable divorce (baynunah sughra), in which case the husband cannot take her back except with a new contract and dowry.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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