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Divorce on demand from wife

If the Qadi who ruled and facilitated the divorce told you that it is talaq and not khula, then you may take it as talaq. That is in spite of the stipulation he has made which applies to khula.  We are to rule on transaction based on the intent and the words used and understood by the parties; since he was the one who facilitated it his words should be the basis for any judgment whether it was talaq or khula.

 

So it would be best if you took it as he told you: it is a divorce.

 

In the case of divorce, the iddah should be three months or three menstrual cycles:

 

“And the divorced women shall undergo, without remarrying, a waiting period of three monthly courses: for it is not lawful for them to conceal what God may have created in their wombs if they believe in God and the Last Day. Also, during this period their husbands are fully entitled to take them back, if they desire reconciliation; but, in accordance with justice, the rights of the wives [with regard to their husbands] are equal to the [husbands’] rights with regard to them, although men have precedence over them [in this respect]. And God is almighty, wise.” (Al-Baqarah  2: 229)

 

You can only seek proposals after the expiry of the Iddah.

 

According to the Hanafi school, the waiting period is three months; according to Shafi school, it is three menstrual cycles. If you belong to the Hanafi school, she should consider herself free to accept proposals after three months from the day the divorce was pronounced or came to effect through a legal decree or ruling.

 

Almighty Allah knows best.

Thursday, Jan. 01, 1970 | 00:00 - 00:00 GMT

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