Question:
Assalaam u alaikum.
I have read two views concerning the above. Where the iddah of a woman who
initiates and obtains divorce via khula is one menstrual cycle and there is
another view where it remains 3 months. See article I referenced from the net
below.
What is the correct view of this.?
https://islamqa.info/en/answers/5163/does-iddah-apply-in-the-case-of-khula
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
If the husband accepted the Khula’[1], then such a divorce will constitute one Talaq-bain and the Iddah will commence immediately after the Khula’ is concluded. The Iddah of Khula’ is the same as the Iddah of divorce, which is 3 three menstrual cycles. Allah Ta’ala says in the Quraan,
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاَثَةَ قُرُوَءٍ
“And the divorced women should keep themselves in waiting for three monthly periods”;( Al-Baqara,228)
If a woman does not experience menses, the Iddah will be three (lunar) months, and if pregnant, until she gives birth.
And Allah Ta’āla Knows Best
Mufti Arshad Ali
Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)
www.fatwa-tt.com /www.jaamia.net
