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فتاویٰ > Social System > Demand of divorce by wife

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f:390 -    Khula before starting to live with the husband
Country : Secunderabad, India,
Name : Muhammad Abdul Mannan
Question:     A certain girl was married 2 years ago, but she has not yet started living with her husband.  Now the girl wants Khula.  Is Iddat necessary and if so, how much?
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Answer:     The girl who has been married and has not yet started living with her husband and the marriage has not been consummated.  In this case if the girl demands a Khula and the husband assents to it, then as per the Shariah, there is no Iddah (mandatory waiting period) for the girl and she can marry again immediately after the Khula as well.  As Allah Most High says in the Holy Quran:

O Believers! When you marry the believing women and then divorce them before you have touched them (i.e. had sexual intercourse with them), then no waiting period is (obligatory) on them for you which you may start counting.  Surah Ahzaab (33:49)

As also stated in Fatawa A’alamgiri, Vol. 1, Kitab Ut Talaq.  

And Allah Most High knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]

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