Tuesday, November 21, 2017 - 2 Rabi' al-Awwal 1439
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Is it permissible for a divorced woman to entertain new marriage proposals during her post-divorce waiting period?

Is it permissible for a divorced woman to entertain new marriage proposals during her post-divorce waiting period?

Answer

Khul' is the termination of marriage upon the wife's request in return for the remuneration of the husband. A wife petitions for divorce with the court which will rule that the marriage is terminated and require her to return to her husband any mahr [dowry] he paid her. The woman must still observe the idda [waiting period] in the same way as a divorced woman does. However, in the case of khul', the idda is simply to establish whether or not she is pregnant. In divorce, a woman spends her idda in her husband's home without sharing the same bedroom. During this period, a husband must financially support his wife and pay for all her living expenses. The idda provides a cooling-off time during which the couple can reconsider their respective positions and the effects of the divorce on other family members, particularly their children. During this idda the husband has first right to reinstate the marriage should the couple want to be reunited.

Much of this does not apply to khul', because it is the wife who terminates the marriage. The husband has no right to reinstate the marriage if he so wishes. If reunion is desired, the ultimate decision rests with the wife. Therefore, she departs from the family home and rejoins her parents' family. She still needs to observe the idda, but the only purpose here is to make sure that she is not pregnant.

It is permissible during a widow's idda for a man to drop her a hint that he wishes to marry her when her idda is over. She can certainly consider this, but no final decision can be made until the process is complete when the idda ends. In the case of khul' she can also consider such a possibility, but no action can be taken during the idda.
 

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