Tuesday, November 20, 2018 - 12 Rabi' al-Awwal 1440

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Returning to husband during the idda after khul'

Returning to husband during the idda after khul'


The majority of scholars consider the idda [waiting period] for a woman who was separated from her husband by khul' [divorce initiated by the wife in return for the remuneration of the husband] to be the same as that of a divorced woman i.e. until she has had three menstrual periods or three intervals of cleanliness between menstruations.

However, a highly valid ruling on the basis of the Sunnah is that the idda lasts until she has had one period only. It was related by Al-Nassaie that when a woman sought khul' at the time of the Prophet (peace and blessings be upon him) he told her husband: “Take back what you have given her and let her free.” The man agreed. The Prophet (peace and blessings be upon him) then ordered her to observe the idda until she had her menstrual period and she then joined her family."
All scholars agree that the man cannot reinstate the marriage in any way, because a wife who is divorced through khul’ regains her independent status. Even if he gives her back her mahr or whatever she pays him to release herself, he still cannot reinstate the marriage. What can be done is that they can marry anew with a new marriage contract after she gives her consent. If she refuses, he cannot pressure her in anyway.

I understand that the woman in this case suffered ill treatment for many years. As such, she could have obtained a divorce on grounds of abuse. A divorce is different from khul' because a divorced woman is entitled to retain the mahr she received at the time of her marriage while in khul', she refunds her husband the mahr. In any case, many women find themselves compelled to resort to khul' because it is easier to obtain. Since this woman was ill-treated, she would be ill advised to return to her former husband. She should resist the pressure put on her to avoid more abuse.

Related links
» Is it possible to initiate khul' before requesting divorce from my husband?
» Repayment of mahr in case of divorce filed by the wife
» A woman filing for divorce, what is the procedure?
» Is the (shabka) jewelry offered as token of love to the bride returned after she files for divorce?
» What are the rights of a woman who is divorced through khul'?