Waiting Period of the Woman who Seek Al-Khul and The Command from the Messenger of Allah for her to Return the Mahr

Waiting Period of the Woman who Seek Al-Khul and

The Command from the Messenger of Allah for her to Return the Mahr

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It is reported on the Authority of Abdullah Ibn ‘Abbas y, that the wife of Thabit Ibn Qais came to the Prophet r,  and said: Oh Messenger of Allah I do blame Thabit for defects in his character of his religion, but I being a Muslim do not wish to behave in an unislamic manner  should I remain with him On that the Messenger of Allah said to her “ Will you give back the garden which your husband has given you as Mahr?”  She said “Yes” The Prophet r, said to Thabit “Oh Thabit Accept your garden and divorce her once”¹

Al-Khul with the agreement of the husband and wife or by the order of a judge based upon the words of Allah Most High:

“There is no sin on them both if they make terms of peace between themselves and making peace is better²

As for the order of the a judge , it is based upon the fact that Thabit and his wife y,raised the matter with the Prophet r, and his order to Thabit t, to accept the garden and divorcé his wife as reported in the aforementioned Hadith.

It Regulations:

1.      It is recommended that the man not take back from her more that what he gave for her dowry. This because Thabit Ibn Qais was satisfied in being separated from his wife by taking back the garden which he had given her as bridal gift and that was by command of the Messenger of Allah r.

If you look at the Hadith you will notice that Thabit did not ask for the garden back rather, he accepted it due to the fact that the Prophet commanded that his wife return it back to him. This is what the Prophet commanded and the Shaba obeyed him without question.

2.      If the khul has taken place by using it proper words she has to observe her prescribed waiting period for one menstruation period.

3.      Al-Khul  is dissolution not divorce:

It is reported on the authority of Ar-Rabee Bint Mu’az that she said: I parted ( i.e. asked for a Al-Khul) from my husband , then I went to ‘Uthman t, and asked him what iddah should observe. He said “There is no iddah incumbent upon you except that you should have been recently married to him and that you remain with him until you have one menstrual period” He added: “In this, I am following the judgment of the messenger of Allah r,regarding Marym Al-Maghaliyyah 4, who was the wife of Thabit Ibn Qaisibn Shammas t,then she separated from him³

4.      The iddah of woman who separates from her husband by a L-Khul is one menstrual period:

This is based upon the Hadith of Abdullah Ibn Abbas y, who reported that: The wife (Marym Al-Maghaliyyah 4,) of Thabit Ibn Qais t, separated from him by al-Khul and the Prophet r, made her iddah one menstrual period.”

I pray that I have brought about some benefit thru helping my sister/s in Al- Islam I compiled using authentic  Adhadith to help bring about some clarity concerning  this matter. If anyone can add or point any mistakes please bring it forth

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1.       Narrated By: Al Bukhari ( no.5273), An-Nasa’I (6/169) and Ibn Majah (no.2056)
2.       Surah An-Nisa’aa;128
3.       This is an authentic Hadith narrated by At Tiridhi (no.1158) An-Nasa’I (no.3498) and Ibn Majah (no.2058).