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Khul` during menses

Published: 24/08/2011 07:08:00 PM GMT
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My friend asked her husband for a khul' while she was on her menses. Is the khul' valid?


Answered by

the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî

The khul` is valid.

Khul` is different than divorce. It can take place during a woman’s menstrual period. When Burayrah appealed to the Prophet (peace be upon him) for khul`, he did not ask her whether or not she was menstruating.

The condition that a man may not divorce his wife during her menstrual cycle is for her benefit, so she will not have a prolonged waiting period (`iddah). Since the khul`is by her request and for her benefit, it does not matter when she requests it.

[Refer to: Ibn Qudâmah, al-Mughnî (10/269)]

Source: Islam Today




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