Is a khula valid between spouses if the wife relinquishes all her rights before witnesses in the mosque? And is the woman considered legally divorced after two and a half years of separation? What is the shortest waiting period (iddah) for her in this case?

A wife should be advised to be cautious and to refrain from seeking divorce or khul' (divorce at the wife's instance, usually with compensation) without a valid reason. If she seeks divorce without harm, the scent of Paradise will be forbidden to her, and those who seek khul' are hypocrites. However, if it is proven that she is harmed by remaining with her husband, or if she dislikes him due to a deficiency in his religiosity or character, then she has the right to seek separation from him through khul'. The Muslim judge, or whoever acts in his stead, may rule for khul'.

In the mentioned case, the wife is still under her husband's marital authority, and rulings from man-made courts that contradict Allah's Shari'ah are not valid. She has the right to maintenance for the past period (two and a half years) unless she was disobedient (nashiz). The husband should be advised not to harm his wife and not to hold onto her if she desires someone else, especially since she has engaged in an unlawful relationship with another man.

If khul' or divorce takes place, she is not permitted to marry until her 'iddah (waiting period) expires, and her 'iddah is three menstrual cycles. If she marries before divorce or khul' or during the 'iddah, her marriage is void and considered adultery.