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

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


Question :

If a woman is divorced after a period of marital discord fing for the broke dates, or less and menopause was completed before the divorce, is it necessary for her to observe the waiting period or not? Or is it permissible for her to marry without any waiting period being incumbent upon her when her husband has divorced her due to her paying him compensation, and he does not wish to take her back?


Answer:

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 Allah, Most Glorified:
"And divorced women shall wait (as regards their marriage) for three menstrual periods."

And, because the Prophet ﷺ ordered the wife of Thabit bin Qais, may Allah 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 complete and more prudent, 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 aforemen- tioned Verse.


Source:
Ibn Baz
Fatawa Islamiyah, Vol. 6 Pages 100-101

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