Is this considered a divorce or a khulʿ, and how long is the waiting period, and is it necessary for the divorced woman to remain in the marital home during the waiting period?
If the court rules a divorce due to harm with a revocable divorce, it is a divorce, not a khul‘ (dissolution of marriage initiated by the wife). The general rule is that the divorced woman should observe her ' (waiting period) in her husband's home, as Allah Almighty says: (Do not expel them from their homes, nor should they leave, unless they commit a clear immorality). This is due to the wisdom behind her remaining in the marital home, as Allah Almighty says: (Perhaps Allah will bring about thereafter some new matter). However, if there is a real fear of harm from her remaining, such as fear of beating or abuse, then it is permissible for her to move and observe her 'iddah in her family's home.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 8042
- 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