Is the wife still under his authority, and is the khulʿ that took place between them invalid and incorrect, based on the details of the khulʿ mentioned, the occurrence of menstruation immediately thereafter, and her marriage to her former husband?
Such matters cannot be resolved by a fatwa from afar; rather, they are decided by the Sharia judiciary or Islamic centers.
However, we can explain to you the general ruling from a Sharia perspective as follows:
1. The offer (ijab) in khul' (divorce at the wife's instance) comes from the husband, and the acceptance (qabul) comes from the wife. 2. If the offer comes from the wife, and the husband responds with acceptance, the khul' is not valid according to many scholars. 3. The basis of khul' is that it involves compensation paid by the wife to her husband. If it is without compensation, there is a difference of opinion regarding its validity, and the majority hold it to be invalid. 4. The 'iddah (waiting period) for a woman who has undergone khul' is, according to the majority, the same as that of a divorced woman (three menstrual cycles). Some scholars hold that she observes an 'iddah of one menstrual cycle. 5. The menstrual cycle during which the divorce or khul' occurs is not counted as part of the 'iddah, without any disagreement among scholars.
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- Original fatwa ID
- 195982
- Imported
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