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Khul` during pregnancy

Published: 24/08/2011 07:06:00 PM GMT
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If a woman seeks a khul` separation while she is pregnant, is the duration of her pregnancy considered an `iddah or not?

Answered by

Sheikh Nizâr al-Shu`aybî

The khul` separation is a permanent separation between the two spouses. This is in accordance with the strongest opinion of the people of knowledge.

The wife will lose her right to residence and maintainence from her husband unless she is pregnant. If she is pregnant, she will be entitled to support only because of that. She may not marry someone else until after the child is born.

However, the woman becomes as a stranger to her husband and there will be no inheritance between them. If either of them die during this waiting period (`iddah), the other party will not inherit from the deceased.

The man cannot return the woman back to him by his own choice during the pregnancy, as he can do in the case of a first or second pronouncement of divorce. If he wishes to remarry her, he has to execute a new marriage contract with a new dowry and with the woman’s consent.

Source: Islam Today

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