Is it forbidden to marry a woman after the passing of a single menstrual period since her khulʿ (divorce at the wife's instance), and what should be done if that is the case?
Some scholars have held the view that an ordinary person is permitted to choose among the differing opinions of muftis, because the obligation of an ordinary person is to follow (taqlid), and this is achieved by his following whichever mufti he wishes. The majority, however, have opted for preferring (tarjih) one opinion over others. Sheikh al-Islam Ibn Taymiyyah stated that it was not authentically reported from any of the Companions that the waiting period (iddah) of a woman who seeks divorce (khul') is the same as that of a divorced woman. Rather, it is well-known from Uthman that it is one menstruation, which is also the opinion of Ibn Abbas, and one of the two later opinions reported from Ibn Umar. Therefore, there is no harm in adopting the fatwa that the waiting period for a woman who seeks divorce (khul') is one menstruation. However, adopting the opinion of the majority, which states that the waiting period for a woman who seeks divorce (khul') is the same as that of a divorced woman, is more cautious.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/144248
- Source platform
- Ftawy
- Original fatwa ID
- 144248
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy