Salam Alaikum. One of my cousins (girl) took khula from her husband recently. Since last 3 months, she had been staying with her mother (away from her husband) and then applied for Khula from her husband last week. My question – How long does she have to stay in the state of IDDAH before going into marriage again. My knowledge goes, just one month as per hadith of Rasool SAW who conducted Khula of Thabit Al Qays’ wife but my friend is strongly insisting by saying she has to stay in IDDAH for 4 months 10 days. I am highly confused. Can you please guide me and help me to get an answer to this as quick as possible. She is a Sunni Muslim thank you Amin
Answer:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
In the event of Khul’ (divorce requested by the wife in return for compensation), the woman should observe her ‘Iddah (waiting period) starting from the issuance of the Khul’. The scholars held different opinions regarding the duration of ‘Iddah in the event of Khul’. The majority of the scholars held that it is the same as the ‘Iddah of a normally divorced woman, which is three menstrual cycles if she menstruates and three (lunar) months if she does not. Allah, The Exalted, Says (what means):
· {Divorced women shall remain in waiting [i.e. do not remarry] for three menstrual periods.} [Quran 2:228]
· {And those who no longer expect menstruation among your women – if you doubt, then their ‘Iddah is three months, and [also for] those who have not menstruated.} [Quran 65:4]
Other scholars held that her ‘Iddah is only one menstrual cycle, and this is the opinion chosen by Ibn Taymiyyah, may Allaah have mercy upon him. However, scholars of Hadeeth held different opinions regarding the authenticity of the Hadeeth about the wife of Thaabit ibn Qays, may Allaah be pleased with them, in which the Prophet, sallallaahu ‘alayhi wa sallam, stated that her ‘Iddah is one menstrual cycle.
At-Tirmithi, may Allaah have mercy upon him, reported in his book Sunan At-Tirmithi, may Allaah have mercy on him, on the authority of Is-haaq ibn Raahawayh, may Allaah have mercy on him, that he said: “If someone decides to follow this opinion, it is a strong one.” [End of quote]
Nevertheless, Is-haaq ibn Raahawayh held the opinion of the majority of the scholars, that her ‘Iddah is the same as that of a normally divorced woman.
As for the ‘Iddah lasting four months and ten days, it is the ‘Iddah of a widow. Allah, The Almighty, Says (what means): {And those who are taken in death among you and leave wives behind – they, [the wives, shall] wait four months and ten [days].} [Quran 2:234]
Allah Knows best.