Fatwa: # 18346
Category: Divorce
Country: Pakistan
Date: 26th October 2009

Title

i would like to ask about eddat after khula or devorse on demand.my husband in dubai even we not meet before 2 months.we do eddat?and what its sharraiet and duration.from when eddat starts when he sign papers or when i recive papers?

Question

i would like to ask about eddat after khula or devorse on demand.my husband in dubai even we not meet before 2 months.we do eddat?and what its sharraiet and duration.from when eddat starts when he sign papers or when i recive papers?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

Khul’a is when the wife offers to forgive the mahr owed to her by the husband or offers to give him a certain amount of money in lieu of him issuing divorce. When the husband agrees to give the khul’a, it will result in a talaqa baa’inah (one irrevocable divorce) and the iddah will commence. If he has not verbally agreed, rather, he has only agreed on paper than iddah will commence when he signs the papers. . On the other hand if the husband does not agree to the khul’a then there will be no talaq or iddah, since he must agree in order for the khul’a to take place.     

The duration of the iddah consists of three complete menstrual cycles. A woman observing the iddah is not allowed to re-marry until she has completed her iddah.

 

(Aap Ki Masa’il Aur Unka Hal, 5/ 392, 414, Ludhyanwi)

 

ومن جانب المرأة يعتبر بالإيجاب والقبول كما في باب البيع...
(المحيط البرهاني، 5/ 59، العلمي)

فالحرة تعتد بثلاث حيض، أو ثلاثة أشهر...
(المحيط البرهاني، 5/ 226، العلمي)

And Allah knows best

Wassalaamu `alaykum

Ml. Sajid bin Shabbir,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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