Is it permissible for a woman to marry after her old, verbal divorce, or must she wait for the khul' (divorce at the wife's instance) procedures to be completed? And does her 'iddah (waiting period) begin from the date of signing the khul' agreement or from the date of its ratification? What is the duration of the 'iddah in this case?
1. Divorce takes effect the moment the husband utters the words, without requiring documentation or witnesses.
2. The deferred dowry (mu'akhkhar) is a debt owed to the wife, and she may voluntarily waive it. However, she cannot be coerced into doing so, based on the : "The wealth of a Muslim person is not lawful [to take] except with his willing consent."
3. A woman may marry once her waiting period (') from the first divorce has ended; she is not required to wait for procedures.
4. What occurred is not considered a valid khul' (divorce at the wife's instance with compensation) if the 'iddah had already expired, because khul' is a divorce in exchange for compensation, and the wife here was previously divorced. Therefore, no new 'iddah results from formalizing the divorce in exchange for waiving the mu'akhkhar.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 118022
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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