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The Iddah after divorce by Khula’.

Answered according to Hanafi Fiqh by Fatwa-TT.com
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Question:

Assalaam u alaikum.
I have read two views concerning the above. Where the iddah of a woman who
initiates and obtains divorce via khula is one menstrual cycle and there is
another view where it remains 3 months. See article I referenced from the net
below.
What is the correct view of this.?

https://islamqa.info/en/answers/5163/does-iddah-apply-in-the-case-of-khula

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If the husband accepted the Khula’[1],
then such a divorce will constitute one Talaq-bain and the Iddah will commence
immediately after the Khula’ is concluded. The Iddah of Khula’ is the same
as the Iddah of divorce, which is 3 three menstrual cycles. Allah Ta’ala says
in the Quraan,

وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ
بِأَنفُسِهِنَّ ثَلاَثَةَ قُرُوَءٍ

“And
the divorced women should keep themselves in waiting for three monthly periods”;( Al-Baqara,228)

If a woman does not experience menses, the
Iddah will be three (lunar) months, and if pregnant, until she gives birth.

And Allah Ta’āla Knows Best

Mufti Arshad Ali

Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)

www.fatwa-tt.com


[1] See http://fatwa-tt.com/explanation-of-khula/

This answer was collected from Fatwa-tt.com, which is operated by the Darul Iftaa of Jaamia Madinatul Uloom (Trinidad and Tobago) under the advice and guidance of Mufti Ebrahim Desai (Daamat Barakaatuhum) of South Africa.

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