Are Divorce Conditions Applicable to Khulʿ in Islam?

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❖ Conditions of Divorce in Relation to Khulʿ

Written by: ʿImrān Ayyūb Lāhorī

❀ Ruling

Since khulʿ is not considered a divorce (ṭalāq) in its essence, the conditions of divorce are not applied to it.

For example:

  • It is not required that the woman be free from menstruation.
  • Nor is it necessary that she be in a period of purity in which her husband has not had intimacy with her.

❀ Scholarly Statement

Ibn Qudāmah رحمه الله said:
There is no sin if a woman takes khulʿ during menstruation or in a period of purity after intercourse.

Reference: al-Mughnī 10/269