Effect of Civil Khulʿa Issued by Western Courts on the Validity of Divorce
15-2-2026 | IslamWeb
Question:
A girl filed a Khula from his Husband, they were only in nikkah and no rukhsati was happened and she lives in USA. Family convinced them to reconcile but it was late as Khula Decree( certificate ) was already issued and stamped by court after 90 days waiting period. now family says that there is no need for new nikkah and Khula can be cancelled. Can they continue to live together by just ignoring the Khula?
Answer:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His Slave and Messenger.
If the husband has granted khulʿa (divorce in exchange for compensation), or has pronounced divorce, or if a Muslim judge has issued a ruling of khulʿa, then the woman has become separated from her husband with an irrevocable separation, and it is not permissible for her to return to him except through a new marriage contract.
However, if the husband neither granted khulʿa nor pronounced divorce, and the ruling of khulʿa was issued by a civil court in Western countries, then the ruling given by the scholars of the Assembly of Muslim Jurists of America is that such a khulʿa is not recognized as valid Islamically. In one of their statements under the heading: “The extent to which civil divorce issued by courts outside Muslim lands is recognized,” it was clarified that:
“If a man issues a valid Islamic divorce, there is no harm in documenting it before civil courts. But if the spouses dispute the matter of divorce, Islamic centers assume the role of Islamic judiciary where it is absent, after fulfilling the necessary legal procedures. Resorting to civil courts to terminate the marriage legally does not, by itself, terminate the marriage from an Islamic perspective. Therefore, if a woman obtains a civil divorce, she must take it to the Islamic centers, where qualified scholars will complete the matter according to Islamic law. There is no basis to claim necessity in this case, since Islamic centers are available and easily accessible in various regions.” [End quote.]
Based upon the aforementioned, the correct course of action is to present the matter to the scholars at the Islamic center.
Allah Knows best.