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What is the status of a Khula’ divorce? 

Answered according to Hanafi Fiqh by TheMufti.com

Q. My husband issued me a divorce in lieu of my Mahr to him. What is the status of such a divorce? Is there an Iddah period for such a divorce?


A. A wife returning the Mahr amount to the husband in exchange of a Talaaq is referred to as Khula’. The Talaaq issued by the husband to the wife subsequently will constitute as an irrevocable divorce (Talaaq-e-Baain). The general laws and principles governing the laws of divorce (revocable/irrevocable) also apply to the Talaaq issued in the case of Khula’ i.e. she will observe the Iddah period of three menstrual cycles if she experiences menses or three lunar months if she does not experience menses or till birth if she is pregnant. (Al-Muheetul-Burhaani 3/507)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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