Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Salaam
i was married in 2002 in 2004 my wife took khula from me due to some reasons then soon after the khula,about a day or two she agan started to go to college, question 1

what islam says about that woman who after khula do sit on iddat?

i only signed the stamp paper on which the divorce was witten but i didnt say the divorce through my tounge

question 2

is this khula done or not?

pls guide me coz still i am married but i love her alot

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Answer:

Khula from shariah court

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: i only signed the stamp paper on which the divorce was witten but i didnt say the divorce through my tounge

Your Question: …is this khula done or not?

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

229 A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (Judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

If a wife wishes to seek a divorce in Islam, she has two lawful options:

1. Request her husband to pronounce a ‘divorce’ upon her.
2. If for any reason the husband refuses to grant her her request of divorce, the wife is well within her rights to initiate a divorce proceedings against her husband in a Shariah Court of Law. The Shariah Judge is well within his rights to declare a divorce between the couple.

The very reason a wife moves her divorce proceedings to a Shariah Court is because the husband is not willing to declare or pronounce a divorce upon her in the marriage.

Thus if your wife initiated a divorce proceedings against you in a Shariah Court and the Shariah Judge granted her the divorce or ‘khula’, regardless of whether you pronounced a divorce with your tongue or not, a divorce would indeed be legally established between you and your wife in the Sight of Shariah Law and in the Sight of Allah Subhanah.

Your Question: ….what islam says about that woman who after khula do sit on iddat?

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 228:

228 Divorced women shall wait concerning themselves for three monthly periods; nor is it lawful for them to hide what Allah hath created in their wombs if they have faith in Allah and the Last Day.

Respected brother in Islam, the ‘iddah’ of divorce is not like the ‘iddah’ of a widow whereby she is restricted from going out of the house without genuine reason, and wear simple clothing, and abstain from applying any ordainments of beauty, etc.

The wisdom behind the Command of the Lord for the wife to fulfill the ‘iddah’ of divorce for three menstruation periods is mainly to give time to the couple if they wish to revoke their decision of divorce and unite again as husband and wife, and to verify whether or not the woman is pregnant….for the child resulting from the marriage would be eligible to its inheritance rights according to Shariah.

A woman fulfilling her waiting period or ‘iddah’ of divorce can live an absolutely normal life and go and do what she would normally do…the one and only restriction upon her in Shariah is that she cannot contract marriage with another person until the expiration of her period of ‘iddah’, which is her three menstruation periods.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan