Are Divorce Conditions Applicable to Khulʿ in Islam?

❖ 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
 
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