Is the wife obligated to allow her husband to have sexual intercourse with her during the period prior to the pronouncement of Khulʿ, if they have agreed upon Khulʿ?
Khul' (divorce by mutual consent with compensation paid by the wife) is not valid except through a specific صيغة (formula), which is the utterance of the word "khul'" or a term carrying its same meaning, whether explicit or implicit. The husband must pronounce it for its ruling and effects to be established. If the conditions for khul' are met and the husband pronounces it, the woman is not permitted to allow him access to her (for intimacy) because a minor irrevocability (baynunah sughra) has occurred. However, if it was merely an agreement or a promise and the husband did not pronounce khul', she is still his wife, and she is permitted to allow him access to her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 4571
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy