Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Assalam O Alaikum,

My siser recently took a khula as her husband was involved in committing major sins like drinking alcohal, illegal relationship with other women and not treating her as his wife at all.

She has taken KHula from the court here in Pakistan.SHe has just signed the papers. I wanted to ask whats the Iddat of Khula?THe court will call the couple again with in the three months to ask if they want to ruju.Then the court will stamp on their Khula paper.Will her Iddat start from now or when the court will stamp on the paper?

Her husband is now very upset of this decision and wants to do ruju? Can he Ruju? If he says i will change and follow Allahs commands will their be Nikah or not?

Jazakillahukhairan

 

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Answer:

 

When does iddah for khula divorce start

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: ….I wanted to ask whats the Iddat of Khula?

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 228:

228    Divorced women shall wait concerning themselves for three monthly periods; nor is it lawful for them to hide what Allah hath created in their wombs if they have faith in Allah and the Last Day.

 

The ‘iddah’ of ‘khula’ or a divorce initiated by the wife is the prescribed waiting period of three menstruations of the divorced wife before she is eligible to marry another person.  If the wife upon whom a divorce is declared happens to be pregnant, her ‘iddah’ or waiting period is until she has delivered her child.

 

Your Question: ….THe court will call the couple again with in the three months to ask if they want to ruju.Then the court will stamp on their Khula paper.Will her Iddat start from now or when the court will stamp on the paper?

If a wife has applied for a ‘khula’ divorce, and the Court has decided to call the couple in three months time when it would finally ‘stamp’ or ‘seal’ its verdict for divorce…..the ‘iddah’ of the woman starts on the day the Court ‘seals’ and establishes the divorce, not on the day she has applied for the divorce.

 

Your Question: Her husband is now very upset of this decision and wants to do ruju? Can he Ruju?

If the husband declares a (1^st or a 2^nd) divorce unto his wife, he is well within his rights in Shariah to do ‘ruju’, whereby he revokes the divorce and takes his wife back.

 

But if it is the wife who initiated the divorce in a Shariah Court, and the Shariah Judge grants her her request for a ‘khula’ divorce….the husband, by himself, does not have a right to do ‘ruju’ and revoke a ‘khula’ divorce granted by the Shariah Court. 

 

If after the establishment of the ‘khula’ divorce the couple both wish to reconcile and remarry each other again, a brand new ‘nikaah’ with a brand new ‘mehr’ must be performed between the couple.

 

Your Question: ….If he says i will change and follow Allahs commands will their be Nikah or not?
If the Shariah Court has granted the woman a ‘khula’ divorce, and provided that the divorce is either the 1^st or the 2^nd divorce in the marriage….and subsequently the husband says that he will change and follow Allah’s Command and proposes to remarry his divorced wife again….it is entirely upto the wife whether she wishes to accept the proposal or reject it.

 

If the wife wills to accept the proposal for remarriage, a brand new ‘nikaah’ must be performed between the couple for them to live as a husband and a wife again.

 

If the wife wishes to reject the proposal for any reason, she is well within her rights to do so….and after she has fulfilled her prescribed waiting period of ‘iddah’, she is free to marry any eligible person of her choice.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan