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Is a divorce considered a Khulʿ? And is she entitled to maintenance from the German court if the husband refuses to pay the deferred dower? And what is the ruling on the waiting period (ʿiddah) in the case of irregular menstruation?

1 min readAlso available in العربية

If the divorce occurred by the husband's pronouncement and he submitted it to the court for documentation, then it is considered Islamically valid. However, if it was solely by a decision of a civil court, then it does not result in the termination of the marriage Islamically. Divorce is not considered khulʿ (divorce at the wife's instance with compensation) unless it is in exchange for compensation. The deferred mahr (dowry) is a right of the wife unless she waives it. She also has the right to maintenance during the ʿiddah (waiting period). He is not permitted to withhold payment of these, and she is not permitted to take more than that, even if the court rules it in her favor. It is not permissible to resort to civil courts except out of necessity. It is preferable to first refer the matter to Islamic centers or benevolent individuals. Marital life was legislated for permanence and stability with kindness. Both spouses should know and fulfill their rights. Among the worst of behaviors is a husband's injustice to his wife, for Allah is her protector and will take revenge on whoever wrongs her.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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