MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Divorce, ʿiddah & rujuk

🚪 Divorce, ʿiddah & rujuk · #29

Is the ʿiddah after khulʿ or judicial dissolution (fasakh) the same as after talaq?

Yes, in the Shafi'i school the ʿiddah after khulʿ and fasakh is the same as the ʿiddah of talaq: three quru' (three periods of purity), three months, or until delivery.
The difference is that both are irrevocable (ba'in) separations, so the husband cannot take her back during the ʿiddah. If they wish to reunite, a new contract and mahr are needed, and this can be done even during the wife's own ʿiddah.
A pregnant wife is entitled to maintenance until she gives birth. In the Shafi'i school, fasakh does not reduce the number of talaq, but khulʿ counts as one talaq. See ʿiddah & rujuk.
Difference between schools. One Hanbali narration (chosen by Ibn Taymiyyah): the ʿiddah of khulʿ is only one menstrual period, based on a hadith narrated by Abu Dawud and at-Tirmidhi.

Sources

Surah al-Baqarah 2:228Surah at-Talaq 65:4
← PreviousA wife miscarries during the ʿiddah: does her ʿiddah end?Next →My husband said I am 'like his mother's back'. What is zihar?

Related questions

The husband is unsure whether he has pronounced talaq two or three times. What now?When in doubt about the number of talaq, the fiqh rule is to hold to the number that is certain, namely the smaller one. The…A husband is forced or threatened into pronouncing talaq: does it take effect?A talaq pronounced by a husband who is genuinely coerced under serious threat does not take effect, according to the majority of scholars.…May a wife in her ʿiddah leave the house or go to work?A wife in her ʿiddah must stay in the marital home, but may go out for needs such as work, treatment or important…After my ex-wife married someone else and came back to me, how many talaqs do I have left?If the earlier separation was by fewer than three talaqs, according to the majority of scholars the husband has only the remaining talaqs left…May a woman in her ʿiddah receive a proposal or become engaged?A woman in the ʿiddah of a revocable talaq (raj'i) may not be proposed to at all; a woman in the ʿiddah of an irrevocable talaq (ba'in) or of death may be proposed to…Does talaq by phone call or video call take effect?Yes; clear words of talaq by phone or video call take effect just like words spoken face to face, because the husband's voice is…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.