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یہ صفحہ اردو میں بھی موجود ہے۔ زبان کی تبدیلی کے لیے نیچے بٹن دبائیں۔
Question:
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh!
I have a question about divorce. I took a divorce from my husband because I did not love him, and our marriage was not working due to psychological abuse which I could no longer bear. When I demanded a divorce, he agreed, and the dower (mahr) which was my right was never given to me. I told him he could keep it. I want to know: how long should I wait before remarrying? Do I need to wait for three complete menstrual cycles (Iddah), or can I remarry after just one menstrual cycle? I request your guidance in this matter according to Shariah. May Allah grant you Jannat al-Firdaus.
Answer:
بِسْمِ اللہ الَّذِیْ عَلَّمَ الْإِنْسَانَ مَعَالِمَ الدِّیْنِ، وَأَنْعَمَ عَلَیْہِ بِحَقَائِقِ الشَّرِیْعَةِ وَالتَّمْکِیْنِ
You have taken a divorce from your husband and the husband has expressed his consent to it; in Islamic terminology, this is called “Khula”. Khula is essentially an agreement in which the wife gives some compensation to her husband in order to separate from him . You forgave the dower as compensation, which is one form of Khula.
Below, the various aspects of your question are being divided into details and their answers are being given.
Is Iddah obligatory after Khula?
Yes, if proper seclusion (consummation of marriage or intimacy) had occurred with the husband, then observing Iddah after Khula is obligatory.
- Khula is considered legally as an irrevocable divorce (Talaq-e-Ba’in), therefore Iddah becomes obligatory after it .
- Books of jurisprudence such as Fatawa Hindiyyah and Al-Hawi al-Qudsi explicitly state that the Iddah in Khula is the same as in divorce .
- However, if Khula is taken before consummation (intimacy), then in that case Iddah is not obligatory .
What is the duration of Iddah?
The duration of your Iddah will be determined according to your condition:
- If the divorced woman menstruates:
It is obligatory for you to observe Iddah for three complete menstrual cycles . In the Holy Quran, Allah Almighty says:
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ ۚ (Surah Al-Baqarah: 228)
Translation: And divorced women shall wait concerning themselves for three menstrual periods.
- If menstruation does not occur or has stopped:
If you are menopausal (at an age where menstruation does not occur), or if you have not yet started menstruating, then your Iddah is three months . If the divorce occurred on the first date, then according to lunar months, and if it occurred in the middle, then 90 full days must be counted .
- If the divorced woman is pregnant:
If you are pregnant, then your Iddah lasts until childbirth, even if the child is born immediately after the divorce .
Note: You mentioned psychological abuse from your husband, but this has no effect on the duration of Iddah. Iddah is a command from Allah Almighty and has its wisdom, which includes ensuring the purity of the womb and expressing the sanctity of the marriage bond . And for a Muslim, the reason that it is Allah’s command is sufficient.
Can I marry after just one menstrual cycle?
Absolutely not. If you are among women who menstruate, it will only be permissible for you to marry another person after observing three complete menstrual cycles.
- Marrying after observing only one menstrual cycle is religiously impermissible and a sin .
- If a marriage is contracted during the Iddah period after divorce (or Khula), that marriage will be invalid .
Allah Almighty says:
وَلاَ تَعْزِمُوْا عُقْدَةَ النِّکَاحِ حَتّٰی یَبْلُغَ الْکِتٰبُ اَجَلَهٗ
Translation: And do not firmly resolve on the marriage contract until the prescribed term reaches its end. (Al-Baqarah: 235)
Therefore, it is also not permissible to give a marriage proposal to another man before the completion of three menstrual cycles, although having an intention in the heart is not blameworthy.
Summary and Conclusion
The ruling of the pure Shariah for you is as follows:
- Iddah is obligatory: Since your marriage was consummated, it is obligatory for you to observe Iddah after Khula .
- Duration of Iddah: You must wait until three complete menstrual cycles have passed. During this period, you can neither contract a marriage yourself nor accept any marriage proposal .
- Other rulings of Iddah: During Iddah, it is commanded to avoid adornment (makeup, perfume, etc.), especially in the Iddah of widowhood and revocable divorce (Talaq-e-Ba’in) it is essential, however, in revocable divorce (Talaq-e-Raj’i), it is preferable to adorn oneself to encourage the husband to revoke the divorce. Also, most of the Iddah should be spent in the same house where you were residing at the time of divorce; leaving without necessity is not correct. But if living there without facing the husband and other men, or without any other sin and corruption, becomes very difficult, then move to another such place where you can stay in the house until the end of the Iddah.
May Allah Almighty grant you beautiful patience in this difficult time and make your future life blessed with goodness. Ameen.
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ، اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
