Back to search
The question

Is it permissible for a woman to seek khulʿ from her husband during her waiting period (ʿiddah) after a divorce, and does khulʿ take effect if the husband says, "I have separated from you," and it is met with writing, and what are the implications of khulʿ in this case regarding the completion of the ʿiddah?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

A bid'i divorce (innovative divorce) does not take effect. Therefore, a man divorcing his wife during a period of purity in which he had intercourse with her does not take effect. As for khulʿ (divorce at the wife's instance, by giving compensation), it takes effect regardless of whether a divorce occurs or when it takes place (whether during a period of purity in which he had intercourse with her, or during menstruation). It is permissible for the compensation for khulʿ to be books, because anything that is permissible as a mahr (dowry) is permissible as compensation in khulʿ.

The waiting period (ʿiddah) for a pregnant woman who undergoes khulʿ is until she gives birth. For a non-pregnant woman, she observes a waiting period of three menstrual cycles, as a precautionary measure, starting from the time khulʿ takes effect.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
4509
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