What is the ruling on the court's determination of the compensation amount in a khul', and is it permissible for the wife to persist in her belief that khul' is an annulment (faskh) and not a revocable divorce (talaq raj'i), and that her 'iddah is one menstrual period, even if the court rules that it is a revocable divorce?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The amount of money in a khul' (divorce at the instance of the wife) is determined by mutual agreement between the spouses, or by the ruling of a judge. Scholars have differed on whether khul' is an irrevocable (bā'in) or revocable (raj'i) divorce. The preponderant opinion is that it is irrevocable. However, if the court rules that the khul' is revocable, its judgment is enforceable and cannot be overturned unless it contradicts a text (from the Qur'an or ) or a consensus. In this case, the right of return (raj'ah) is established, and the waiting period (') of three menstrual cycles becomes obligatory.
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- Original fatwa ID
- 130078
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