Aslam

general Sign in to save

If a wife asks her husband for a khula and he accepts, how long is the waiting period?Is it irrevocable i.e can they ever re-marry?

Praise be to Allah.

If the woman who has been divorced by khula’ is pregnant then

her ‘iddah lasts until she gives birth, according to scholarly consensus.

Al-Mughni, 11/227.

But if she is not pregnant, the scholars differed concerning

her ‘iddah. Most of the scholars said that she should wait for three

menstrual cycles, because of the general meaning of the aayah

(interpretation of the meaning):

“And divorced women shall wait (as

regards their marriage) for three menstrual periods”

[al-Baqarah 2:228]

But the correct view is that it is sufficient for a woman

divorced by khula’ to wait for one menstrual cycle, because the Prophet SAWS

(peace and blessings of Allaah be upon him) told the wife of Thaabit ibn

Qays, when she divorced him by khula’, to wait out the ‘iddah for one

menstrual cycle. (Narrated by al-Tirmidhi, 1185; classed as saheeh by

al-Albaani in Saheeh al-Tirmidhi, 946). This hadeeth refers

specifically to khula’ divorce whereas the aayah quoted above speaks of

divorce in general. But if she waits out an ‘iddah of three menstrual cycles

that will be more complete and will be on the safe side, and will avoid an

area of scholarly dispute, as some scholars say that she should wait for

three menstrual cycles, based on the aayah quoted.

Fataawa al-Talaaq by Shaykh Ibn

Baaz, 1/286.

There is nothing wrong with them remarrying with a new marriage contract. See question no. 10140.

Source: IslamQA (Sheikh Muhammed Salih Al-Munajjid)
← Previous All Questions Next →