The ‘Iddah Period Of A Woman Who Engages In Khula’

In the name of Allah,

  

The ‘iddah of the woman who makes khul’ is a topic of dispute. Most scholars among the Companions of the Prophet (PBUH) and others argue that the “iddah of the woman who makes khul” is equivalent to divorce. which, if she menstruates, is three menstrual cycles, and, if not, is three (lunar) months. However, her ‘iddah is reduced to single menstruation if khul’ is regarded as a revocation.

 

They base their opinion based on the verse of the Quran:

 

Allah, The Exalted, Says (what means):

 

[Divorced women shall remain in waiting [i.e. do not remarry] for three menstrual periods.] [Translation Quran 2:228]

[And those who no longer expect menstruation among your women – if you doubt, then their ‘Iddah is three months, and [also for] those who have not menstruated.] [Translation Quran 65:4]

 

The renowned Hanafi institution Deoband issued a fatwa stating:

In the case of pregnancy, iddah is over when the woman gives birth to the child; otherwise, the iddah is to complete three haiz (menstruating cycle) after khula. If the khula was done during menses, then that particular period shall not be counted rather iddah shall start from the first period after khula takes place[i].

 

Imam Malik records in his Muwatta that Said ibn al-Musayyab and Ibn Shihab and Sulayman ibn Yasar all said, “The idda of the woman with a khul divorce is three periods.”

 

The ‘iddah for a khul’ is one period, according to some of the Companions of the Prophet of Allah

 

In Zaad al Maad ibn al Qayyim said,

‘The Messenger of Allaah (may Allaah send salutations upon him) has ruled that a woman who engages in khula’ observes an ‘iddah period of one menstrual cycle. This was the view of: ‘Uthmaan Bin ‘Affaan Ibn Abbaas, Ishaaq Bin Raahawayh, and Ahmad Bin Hanbal ( May Allah have mercy on them).

This view was chosen by our teacher’ (Shaykh ul-Islam Ibn Taymiyah)[ii].

Ishaq declared, “If someone believes this, it is a strong position.”[iii]

 

Ibn Abbas narrated that :

The wife of Thabit bin Qais was granted a Khul from her husband during the time of the Prophet. So the Prophet ordered her to observe an Iddah of one menstruation[iv].

 

Ar-Rubayy’ bint Mu’awwidh bin ‘Afra’ narrated that Thabit bin Qais bin Shammas hit his wife and broke her arm –her name was Jamilah bint ‘Abdullah bin Ubayy. Her brother came to the Messenger of Allah to complain about him, and the Messenger of Allah sent for Thabit and said:

“Take what she owes you and let her go.” He said: “Yes.” And the Messenger of Allah ordered her to wait for one menstrual cycle and then go to her family’[v].

 

Al Qurtubi (may Allah have mercy on him) said,

 

‘Her ‘iddah is one menstrual cycle, according to Uthman ibn ‘Affan and Ibn ‘Umar’, Ibn al-Mundhir said. Both Aban ibn ‘Uthman and Isa said that. Her ‘iddah is that of a divorced woman, according to ‘Ali ibn Abi Talib. I adopt the stances of Uthman and Ibn Umar. The “hadith” of “Ali” is weak[vi].

 

Even when a woman is menstruating, the khul is still legitimate.

 

Even when she is menstruating, the khul is still effective because it can only be requested by the woman in response to the wrong treatment she receives from her husband. To stop the hurt (induced by the husband’s mistreatment), it is acceptable for it to happen during the menstrual cycle.

 

Ibn Qudaamah (may Allah have mercy on him) said: There is nothing wrong with khul’ during menstruation or a period of purity after her spouse has had sexual contact with her.

Due to the potential harm that could result from lengthening the ‘iddah, talaq is forbidden during menstruation. The Prophet (blessings and peace of Allah be upon him) did not inquire about the situation of the woman who divorced her husband by the use of khul’ since the khul’ that would have resulted in extending the ‘iddah was requested by her, demonstrating that she gave her consent and showing that it was in her best interests[vii]. Al-Mughni, 7/247, end quote

 

Sheikh ibn Baaz  (may Allah have mercy on him) stated

 

One menstrual cycle is adequate for a woman who has been divorced by Al-Khul, which is the best and most accurate viewpoint. He further makes a valid point,

‘It is more complete and prudent for a woman who has been divorced by Al-Khul to observe a waiting period of three menstrual cycles. This is to avoid the disagreement of certain scholars, who believe that she should observe a waiting period of three menstrual cycles’[viii].

 

 

Compiled from the sources:

[i] Fatwa: 576/458/H=1434, https://darulifta-deoband.com/home/en/talaq-divorce/44912

[ii] Ibn Qayyim Al-Jawziyya (ZAD AL M AA’D) PROVISIONS OF THE AFTERLIFE, WHICH LIE WITHIN PROPHETIC GUIDANCE, Translation Ismail Abdus Salaam, Dar Al-Kotob Al-llmiyah Publication, 2010, Page 871

[iii] Abū ‘Abdullāh Muḥammad ibn Aḥmad ibn Abī Bakr ibn Farḥ al-Anṣārī al- Khazrajī al-Andalusī al-Qurṭubī translated by Aisha Bewley, Vol. 2, Page 481

[iv] Grade: Hasan (Darussalam) Jami` at-Tirmidhi 1185b

[v] Grade:  Hasan (Darussalam) Sunan an-Nasa’i 3497

[vi] Abū ‘Abdullāh Muḥammad ibn Aḥmad ibn Abī Bakr ibn Farḥ al-Anṣārī al- Khazrajī al-Andalusī al-Qurṭubī translated by Aisha Bewley, Vol. 2, Page 481

[vii] Fatwa number- 186809. Islamqa.info

[viii] Fatwa Islamiyah (Islamic Verdicts) Vol 6 From the noble scholars Abdullah bib Baaz, Shaikh Uthaymeen, Ibn Jibreen ( May Allah have mercy on them) along with the permanent committee. Darussalam Publications Page 101

 

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