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Posted By Topic: After a Khula

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umm.abdulmalik
11-14-2004 @ 2:36 AM    Notify Admin about this post
Umm Abdul-Malik Naadira Bint Henry Fitzgerald (min DC)
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As Salaamu Alaikum wa Rahmatullah wa Barakatuhu  

Could someone give me the daleel for the permissibility or impermissibility of a couple remarrying after the husband has granted the wife a khula?

Jazak Allahu Khyran,
Umm Abdul-Malik Naadira Bint Henry Fitzgerald

abu.naimah.shamsuddi
11-20-2004 @ 3:25 AM    Notify Admin about this post
Abu Na'imah Shamsuddin Abdul-Hakim ib (Rochester,NY, USA)
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wa alaikum salam wa rahmatullah;

Questions;

The Iddat of a KHula?

The Iddat of a Talaq?

Is the KHula to be counted as one of the pronoucements of the man? [i.e. the three prouncements?

Abu Na'imah Shamsuddin Abdul-Hakim ibn Harold Simmons, Aiken, SC, USA

This message was edited by abu.naimah.shamsuddi on 11-20-04 @ 3:38 AM

wasim.ahmed
11-20-2004 @ 7:10 AM    Notify Admin about this post
Abu 'Abdil 'Azeez Waseem ibn Abdirraheem Al Peshimaam (Bangalore,India / Al Qaseem , K.S.A)
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Bismillaah ar-Rahmaan ar-Raheem

Clarification of the Waiting Period of the Divorced Woman, and the Ruling on Her leaving Her House, if her Divorce is Revocable

It is incumbent upon the divorced woman, whose divorce is revocable, to remain in the house of her husband. And it is forbidden for her husband to remove her from it, according to the Words of Allaah the Most High:

?And turn then not out of their (husband?s) homes nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allaah. And whoever transgresses the set limits of Allaah, then indeed he has wronged himself.? (At-Talaaq 65:1)

The custom of the people now, regarding the woman whose divorce is revocable going straight to her family?s house is wrong & forbidden , because Allaah says,  

?And those are the set limits of Allaah. And whoever transgresses the set limits of Allaah, then indeed he has wronged himself.? (At-Talaaq 65:1)

He did not exclude any cases from this, except when they are guilty of some open illegal sexual intercourse. Ten after that, He said:

?And those are the set limits of Allaah. And whoever transgresses the set limits of Allaah, then indeed he has wronged himself.? (At-Talaaq 65:1)


Then he explained the Wisdom behind the obligation of her remaining in her Husband?s house in His words:

?You (the one who divorces his wife) know not it may be that Allaah will afterward bring some new thing to pass (ie. to return her back to you if that was the first or second divorce.) (At-Talaaq 65:1)

So it is an obligation upon the Muslims to observe the limits ordained by Allaah and to hold fast to what he has commanded them. He may not follow customs as a path which contradict legislated matters.

The important thing is that it is incumbent upon us to be careful in this matter, and it is incumbent upon the woman whose divorce is revocable to remain in the house of her husband until her waiting period is over.

In this situation- while she remains in her husband?s house- she may unveil herself before him, adorn, beautify herself, wear perfume, speak to him, and he may speak to her, and she may sit with him, and do everything except take pleasure in sexual intercourse. This is because it can only take place after she has returned to him- and he may return her to him by speech, by saying, ?I have taken back my wife.? He may return her by action, by having sexual intercourse with her, with the intention of returning her to him.

As fir the waiting period of the Divorced woman, we say that if the woman was divorced  before sexual intercourse and seclusion took place, and before seclusion and touching took place, then there is no waiting period incumbent upon her in any circumstance. Simply by divorcing her, she  is separated from him, and she is permissible for another man.

But if he has intercourse with her, and was secluded with her, then she must observe the waiting period. Her waiting period falls into one of the following categories:

First: If she is pregnant, then it is until she delivers the baby, whether the length of time is protracted or shortened. He might divorce her in the morning and she might deliver her child before noon and her waiting period would be over. Or, divorce her in the month of Muharram and she might not deliver until the month of Thul-Hijjah, and so she will remain in the waiting period for twelve months. What is important is that the waiting period of the pregnant woman lasts until she delivers her child, in all circumstances, based upon the Words of Allaah, Most High :

?And for those who are pregnant (whether they are divorced or their husbands are dead), their ?Iddah (prescribed period) is until they lay down their burden.? (At-Talaaq 65:4)

Second: If she is not pregnant and she is still menstruating, then her waiting period is three complete menstrual periods following the divorce. This means that she has a period, then becomes purified, then has a period, then becomes purified, then has a period and then becomes purified. These are three complete menstrual periods ? whether the time between them is protracted or not. Based upon this, if he divorces her while she is breast- feeding, and she does not have a menstrual period until after 2 years, then she remains in her waiting period until she has three menstrual periods. So based upon that, she would remain for two years or more. The important thing is that whoever is menstruating, her waiting period is three complete menstrual periods, whether the duration is long or short, based upon the Words of Allaah, Most High :

?And divorced women shall wait (as regards their marriage) for three menstrual periods.? (Al-Baqarah 2:228)



Third:  One who does not menstruate ? whether due to youth or due to advanced age causing her to stop menstruating ? her waiting period is for three months, according to the words of Allaah, Most High:

?And those of your women as have passed the age of monthly courses, for them the ?Iddah (prescribed period), if you have doubt (about their periods) is three months; and for those who have no courses (ie, they are still immature).? (At-Talaaq 65:4)



Fourth:  If her periods have stopped for some reason, and it is known that they will not return, such as when her womb is surgically removed, then she is like one who no longer menstruates and she waits for three months.



Fifth:   One whose menstrual periods have stopped and she knows what has caused them to stop, then as we have said she waits until the thing which stopped them has departed and her periods return, then she observes the waiting period according to it.

Sixth: If her periods stop and she does not know what has stopped them, then the scholars say that she should observe a waiting period for a whole year ? nine months of pregnancy and three months for the waiting period.

These are the different types of divorced woman.

As for the one whose marriage is annulled by Al-Khul?
Or anything else, it is enough for her to wait for one menstrual period. Then is the husband frees her by Al-Khul? ? meaning that her marriage is annulled by her or her guardian paying him a sum of money on the understanding that he will part from her, based upon this payment, it is enough for her to wait for one menstrual period. And Allaah is the Granter of success.

Imaam ibn ?Uthaimeen
Fataawa Islaamiyyah (Vol 6)






The waiting Period of a woman whose marriage is Annulled by Al-Khul? and the waiting Period of the Divorced Woman if the time is extended.



If a woman is divorced she is obliged to observe the waiting period after the divorce, even if the duration of it was extended, according to the Words of Allaah, Most Glorified:

?And divorced women shall wait (as regards their marriage) for three menstrual periods.? (Al-Baqarah 2:228)

And, because the Prophet (sallallaahu ?alayhi wa sallam) ordered the wife of Thaabit bin Qais, May Allaah be pleased with him when she obtained a
Khul? from him, to observe a waiting period of one menstrual period. And the correct view is that one menstrual period is sufficient for the woman who is divorced by al-Khul? according to this noble hadith, which is mainly for the aforementioned Noble Verse.

So if the woman who is divorced by Al-Khul? ? which is by payment of money- observes a waiting period of three menstrual periods, it is more prudent and more complete, in order to avoid the difference of opinion of some of the scholars, who say that she should observe a waiting period of three menstrual periods, according to the generality of the aforementioned Verse.


Imaam ibn Baaz (rahimahullaah)
Fataawa Islaamiyyah (Vol 6)












Abu 'Abdullaah   Waseem Ahmad ibn
'Abd Al Raheem Alhindee

shahid393
11-20-2004 @ 3:16 PM    Notify Admin about this post
Aboo Husaam Shaheed ibn George Williams (Wichita, KS USA)
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check your pm's, inshaa-allaah.

aboo husaam shaheed ibn george williams
wichita, ks  usa

abu.naimah.shamsuddi
11-21-2004 @ 3:29 AM    Notify Admin about this post
Abu Na'imah Shamsuddin Abdul-Hakim ib (Rochester,NY, USA)
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wa alaikum salam wa rahmatullah;

jazakallahu khairun



Abu Na'imah Shamsuddin Abdul-Hakim ibn Harold Simmons, Aiken, SC, USA

umm.ridwan.bakr
12-10-2004 @ 5:22 AM    Notify Admin about this post
Umm Ridhwaan Farihah bint Abdul-Malik (Egypt)
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removed jazakullah khairan

This message was edited by umm.ridwan.bakr on 10-13-06 @ 10:21 PM

abu.naimah.shamsuddi
08-23-2005 @ 6:51 PM    Notify Admin about this post
Abu Na'imah Shamsuddin Abdul-Hakim ib (Rochester,NY, USA)
Member
Posts: 132
Joined: Dec 2002
          
Al-Hamdulillahi Ta'Ala wa salaatu was salamu 'ala Rasulullah

Salamu alaikum wa rahmatullah;

Is there a known difference of opinion amongst the Ulama concerning whether or not a wife and husband may remarry after a khula without her marrying another husband? From what I've had access to she doesn't have to marry another husband but they have to establish a new marriage contract, anything on this?

Abu Na'imah Shamsuddin Abdul-Hakim ibn Harold Simmons, Aiken, SC, USA






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