A case of a controversial marriage and Khul'
12-7-2014 | IslamWeb
Question:
Respected Mufti I did secrete nikah with an already married person against will of my family .My assumption was that ultimately my family would agree. In mean time one my friend told me about carrier related consequences of bigamy-loss of eligibility for job. He convinced me for Khula and prepare agreement paper. Discussing the problem with my husband I asked to sign agreement in return of mahar money. He read the paper and expressed his agreement and signed on blank paper and asked me to write the agreement. Later on I told him on phone about my decision not to return to him as wife and to consider nikah void. He said o k. My friend, having three children, who told me about consequences is very much concern about my family relation and carrier. He always asked me and work hard for my better carrier. He helps me much in my carrier building. He has also proposed me, he is so affectionate that some time he touch/kiss me but I never realized any bad intention, even when we were alone for hours. Now I want to know 1. Weather I can continue talking and meeting with person i did nikah and to whom I love very much and divorced is executed or not 2 is my relation with my friend allowed to any extent. If he would not have been in my life, my family relation, carrier, personal and social life would have been distracted
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and messenger.
First of all, you should know that among the conditions of a valid marriage is the [consent of a] matrimonial guardian. This is the view of the majority of the scholars and it is the preponderant view contrarily to the view of Abu Haneefah 
. For more information, please refer to Fataawa 83629 and 86348.
Therefore, this marriage must be invalidated unless it was conducted based on following the view of Abu Haneefah, in which case, such a marriage is effective as clarified in Fatwa 89782.
If the marriage took place in secret between you and this man without the agreement of a matrimonial guardian and without the presence of two witnesses, then this marriage is inconsiderable under Sharee'ah and it must be invalidated as we have already clarified in Fatwa 120282.
Moreover, there are some pillars for Khul’ without which it is not valid, among which is the formula. In addition to this, the husband signing a paper of Khul’ is considered a metaphor or indirect formula of Khul’, in which case, Khul' does not take place except with an intention. Also, his saying ‘ok’ in response to your statement that you do not wish to return to him as a wife, depends on his intention as well. For more benefit, please refer to Fataawa 121973 and 235219.
As you see, there are many details and ambiguities about the matter and it needs to be investigated properly. So it is more appropriate to resort to an Islamic court or an authority that is specialized in looking into such personal issues of the Muslims in your country, or to orally ask a reliable scholar who lives there.
If we presume that an irrevocable divorce has taken place between you and your husband, then he has become a non-Mahram man (a stranger) to you, so you must deal with him on this basis. You are not permitted to speak to him except for a necessity and you should not allow him to be in seclusion with you except in the presence of one of your male Mahram relatives.
The same thing applies to the man whom you referred to as a friend. He is a non-Mahram to you, and it is not permissible for you to take lightly the matter of dealing with him in such a way that contradicts the Islamic Sharee'ah. It is evil that he touched you and kissed you as you mentioned, and it is evil also to be in seclusion with him. Therefore, you are obliged to repent for this and be stern in dealing with that man; otherwise, this could lead to undesirable consequences. Saying that he is kind to you is not a sound reason for exceeding the Islamic limits in dealing with him.
For more information, please refer to Fatwa 81356.
Allaah Knows best.