Does the questioner consider herself divorced, and is she in her waiting period ('iddah) or awaiting the issuance of the verdict? What is the duration of the 'iddah for khul' (divorce at the wife's instance)? And is it permissible for her to accompany her mother for Hajj with her brother?
If the husband appointed his brother as an agent solely for legal procedures, and the husband himself pronounced the khul‘ (divorce at the wife’s instance) and declared it, then you are divorced from the moment the husband declares the khul‘, and your waiting period () begins from that time. However, if the husband's authorization to his brother included signing and executing the khul‘, then the iddah does not begin until the agent signs the khul‘ or the judge rules on it. His sister's words hold no weight because she is not an authorized agent.
If the husband is of sound mind, his action is binding, whether he initiated the khul‘ himself or appointed someone to act on his behalf. However, if he is afflicted with severe, incurable insanity, his guardian may initiate khul‘ on his behalf for his benefit. If he has no guardian, then the judge is his guardian.
The iddah for khul‘ is like that for other divorces: three menstrual cycles for menstruating women, upon delivery for a pregnant woman, and three months for a woman who has reached menopause.
You are not permitted to travel for Hajj with your mother before the iddah ends, if the khul‘ has occurred.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/78305
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 78305
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy