Is a woman considered divorced from her first husband, Islamically, based on the fatwa issued for khul' (dissolution of marriage) after the husband refused to divorce her, knowing that he was not informed of the fatwa nor was a copy of it sent to him?

The basic principle is that divorce (Talaq) and annulment (Khul') do not occur unless initiated by the husband, unless the husband is absent and the wife is harmed, or he refuses to divorce or annul despite there being a cause for it. In such cases, a Muslim judge can grant a divorce due to harm, or compel the husband to accept annulment. If a Muslim judge is unavailable, then a trusted group of Muslims can act in his stead.

If the Mufti compelled the husband to accept annulment or divorce, or divorced him in his absence to prevent harm after corresponding with him and his refusal, or his inability to be reached, then the divorce is valid.

However, if the first husband was not informed of anything, then the annulment is not valid, but divorce can still be issued in his absence.

Therefore, it is necessary to consult the aforementioned Mufti to ascertain if he actually issued the divorce. If he did not issue the divorce, then the wife is still married to the first husband, and the second marriage is null and void. However, the children are legally attributed to the second husband due to his belief in the validity of the marriage. As for the wife, she incurs a great sin if she knew that no divorce or annulment had taken place.

If her first husband divorces her or annuls the marriage, then the second husband may marry her with a new contract.