Khula

The Details of the Question
I would like to obtain a khula from my husband on the grounds that he is not a good muslim, cannot provide for me and cannot protect my interests.It was a love marriage but i have never lived with him since i was away. I learnt his true identity only then.I want out.Do i still need his permission for this khula?
The Answer

Dear Brother / Sister,

You can apply to the court and request for divorce. If the court gives decision for divorce then you are religiously divorced too.

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ridah.emaan

what is the period of iddat in khula, as one of my friend told its one month as a girl asked for divorce, and period of divorce by men is 3 months-is it correct..? .If the girl's parent ask to end up relation and boys parents agree representing both their own children decision -is it said to be Khula.
Actually Khula is misunderstood by many people..can we know clear discription?

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Editor (editor)

Khula means divorcement.

IDDAH

The definite number and the latest limit for it. Community. According to the Islamic Law (Fiqh), the period of time that a woman must wait to remarry as a consequence of nullification of her marriage with her husband because of death, divorce or one of the reasons of annulment.

The time for waiting (Iddah) can change depending on the reason why a marriage ends.

1) If the marriage ends as a consequence of the death of the husband, the time for Iddah is four months and ten days. As a matter of fact, this Ayah (verse) in the Quran explains the issue “Those of you who die and leave wives behind, let these wait by themselves for four months and ten days al-Baqarah, 2/234).

2) The iddah time for a woman who is pregnant is till she gives birth to. The rule is fixed no matter if the marriage ends because of divorce or the death of the husband. In the Ayah, “And those who are heavy with child their appointed time is when they have laid down their burden” ( at-Talaq, 65/4).

If the pregnancy has occurred outside marriage and if, of course, the woman wants to marry the father of her child, she can marry immediately. According to Hanafis and Shafis, she can marry immediately but the intercourse is delayed till the birth. In a relationship outside marriage, if it is not known whether the woman is pregnant or not and if she wants to get married to another man, she must wait till she menstruates for once. If the woman never menstruates because of her age, it is enough for her to wait for a month.

3) The waiting time for a divorced woman, if she is not pregnant, is the time for three periods. It takes place in about three months for women who have normal periods:

“Divorced women shall wait by themselves for three Periods” (al-Baqarah 2/228)

4) The waiting time for younger and older ones who do not have periods is three months: “As for your women who have despaired of further menstruating, if you are in doubt, then their waiting period is three months as well as those who have not yet menstruated.” (at-Talaq, 65/4). Accordingly, the waiting time for women who have not menstruated yet and have despaired of further menstruating is three months after divorcing.

If an official marriage ends with a returnable one or an irrevocable one, the woman has a right to demand alimony. Namely, the husband she divorced must look after her. However, if the marriage ends as a consequence of her husband’s death, the woman cannot take alimony because the man in charge of giving alimony is dead. The goods he left behind, according to the rules of inheritance, belong to heirs of him.

His wife, if she has children from her husband who died, has the right to take one-eighth of the inheritance, if she does not, she takes one-fourth. It is possible for her to maintain her life by using that right of her instead of demanding alimony. Moreover, if the woman has goods or property belonging to her or she can take mahr (precious things or Money she took while marrying) that she did not take before and they are the protective rights for women.

In that case, the effects of marriage keep on during the waiting time. After the waiting time, the relationship between the woman and the man is cut off. If a man divorces a woman with three Talaqs, it is not possible for him to remarry her without Hullah any more. If he divorces her for one time or twice, spouses can be reconciled in the returnable divorcing during the waiting time and there is no need to re-do the marriage contract. After the waiting time (Iddah), the returnable divorce turns into a fixed one. But spouses can get married again with a new marriage contract. The marriage goes one with two rights of divorce if only one divorce has taken place, and with one right of divorce if two divorces have taken place.

THE WISDOM OF IDDAH

The obligation of iddah (waiting period) for the woman after the end of her marriage might seem to be a precaution to understand whether the woman is pregnant from her previous husband or not and to prevent the lineage from being mixed. However,

iddah gives the husband in revocable divorce and both parties in irrevocable divorce the opportunity to think again about the divorce; it protects the woman from the evil thoughts and intentions that can arise about her;

iddah also symbolizes the respect to the memory of the husband and loyalty to home if the marriage ends due to the death of the husband;

iddah also has some other important purposes and reasons that enable the woman to prepare for a new life and a possible marriage.

Iddah also has a function that protects the bond of the family and reminds the importance of the institution of marriage.

Therefore, it is not right to limit the reasons of iddah to the determination of pregnancy and to the prevention of the lineage from being mixed only. The periods imposed by the Quran are regarded among the decrees that are related to worship. Therefore, it cannot be claimed that it is not necessary to wait for iddah stating that the science of medicine can understand whether a woman is pregnant or not.

The iddah period of a woman who has divorced is three periods of menstruation if she is not pregnant. It is about three months for women who menstruate normally and regularly:

"Divorced women shall wait concerning themselves for three monthly periods" (al-Baqara, 2/228).

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