Is it permissible for a woman who wishes to obtain a khulʿ (divorce at the wife's instance) but cannot find a place to spend her waiting period (ʿiddah) to marry another man and spend the ʿiddah with him in his home without engaging in sexual intercourse?
The waiting period (') for a woman who seeks Khul' (divorce at the wife's instance) is one menstruation. So, if a woman menstruates after the Khul' and then becomes pure, her waiting period has ended, and it becomes permissible for her to marry. It is never permissible for a woman to marry during the 'iddah, and if such a marriage occurs, it is null and forbidden, as Allah Almighty says: "And do not determine to consummate the marriage contract until the prescribed period reaches its end" (Quran 2:235), meaning: do not contract marriage with a woman in 'iddah until her waiting period ends. The original rule is that the woman who seeks Khul' should observe her 'iddah in her family's home. If this is not possible for her, then she may spend the waiting period in any dwelling where she feels safe.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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