Excerpt from: احکام و مسائل کتاب و سنت کی روشنی میں by Shaykh Mubashir Ahmad Rabbani
My niece was married to Imran Ijaz, who resides in America. However, she was not treated well there and returned to Pakistan through police involvement after nearly five months. Their marital relationship deteriorated to the extent that reconciliation attempts failed. The matter was taken to court, and the court granted a khulʿ decree in favor of the girl, thus annulling the marriage.
What is the correct Islamic procedure for her remarriage after the issuance of the khulʿ decree?
According to clear and established evidences from the Qur’an and Sunnah, khulʿ is not a ṭalāq (divorce) but is considered a termination of the marriage contract (فسخ نكاح). Therefore, the woman is required to observe a waiting period (ʿiddah) of only one menstrual cycle before she is religiously permitted to remarry.
Sayyidunā ʿAbdullāh ibn ʿAbbās رضي الله عنهما was asked by Ibrāhīm bin Saʿd bin Abī Waqāṣ:
A man gave his wife two divorces, then the woman sought khulʿ from him. Can he marry her again?
Ibn ʿAbbās replied:
"Yes. Khulʿ is not a divorce. Allah mentioned ṭalāq at the beginning and end of the verse, and khulʿ in between. So khulʿ is not considered among them."
Then he recited:
﴿الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ﴾
"Divorce is twice; then keep [her] in an acceptable manner or release [her] with good treatment."
[al-Baqarah: 229]
And he also recited:
﴿فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ﴾
"And if he divorces her [a third time], then she is not lawful to him thereafter until she marries another husband."
[al-Baqarah: 230]
[Tafsīr Ibn Kathīr: 1/503]
Ibn ʿAbbās meant that:
– If khulʿ were counted as a form of ṭalāq, the number of divorces would exceed three — something no one permits.
– Therefore, khulʿ is a separate legal mechanism and is classified as فسخ (annulment) and not ṭalāq.
This view is supported by:
✔ ʿUthmān ibn ʿAffān رضي الله عنه
✔ ʿAbdullāh ibn ʿUmar رضي الله عنهما
✔ Ṭāwūs, ʿIkrimah
✔ Imām Aḥmad, Imām Isḥāq ibn Rāhwayh
✔ Abū Thawr, Dāwūd al-Ẓāhirī
✔ Imām al-Shāfiʿī (in his earlier opinion)
[Tafsīr Ibn Kathīr: 1/553]
The ʿiddah of khulʿ is one menstrual cycle, as proven in the narration:
"The wife of Thābit bin Qays took khulʿ, and the Prophet ﷺ set her ʿiddah as one menstrual cycle."
[Abū Dāwūd: 2229 | al-Tirmidhī: 1185 | al-Ḥākim: 2/206, ḥadīth 2825]
Imām al-Khaṭṭābī رحمه الله commented:
"This is a fundamental proof that khulʿ is a termination of marriage (فسخ), not ṭalāq.
Had it been ṭalāq, the ʿiddah would have been three menstrual cycles as per the verse:
﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ﴾
(“Divorced women must wait for three menstrual cycles.”)
[Maʿālim al-Sunan: 3/256 | Tuḥfat al-Aḥwadhī: 4/407]
Imām al-Tirmidhī رحمه الله also affirmed that this opinion is a strong and valid school of thought, writing:
"If someone adopts this view, it is a strong position."
[al-Tirmidhī with Tuḥfah: 1/408]
Rabiʿ bint Muʿawwidh رضي الله عنها narrated:
She took khulʿ during the time of the Prophet ﷺ, and he commanded her (or she was commanded) to observe ʿiddah for one menstrual cycle.
[al-Tirmidhī: 1185 | Ibn Mājah: 2008 | al-Nasā’ī: 3528]
Imām al-Tirmidhī رحمه الله authenticated this ḥadīth, stating:
"The ḥadīth of Rabiʿ bint Muʿawwidh is ṣaḥīḥ — she was instructed to observe ʿiddah for one period."
Based on these clear and authentic evidences:
– Khulʿ is فسخ (annulment), not ṭalāq.
– The ʿiddah is one menstrual cycle.
– After completing one ḥayḍ (menstrual period), the woman is permitted to remarry.
– There is no Sharʿī objection to her remarriage after that point.
– The opinion of those who consider khulʿ a ṭalāq and enforce three menstrual cycles lacks strong proof.
The girl in this case, having received a khulʿ decree, must:
① Observe ʿiddah of one menstrual cycle.
② After that, she is permissible to remarry in a fully valid Sharʿī marriage.
❖ Question:
My niece was married to Imran Ijaz, who resides in America. However, she was not treated well there and returned to Pakistan through police involvement after nearly five months. Their marital relationship deteriorated to the extent that reconciliation attempts failed. The matter was taken to court, and the court granted a khulʿ decree in favor of the girl, thus annulling the marriage.
What is the correct Islamic procedure for her remarriage after the issuance of the khulʿ decree?
❖ Answer:
According to clear and established evidences from the Qur’an and Sunnah, khulʿ is not a ṭalāq (divorce) but is considered a termination of the marriage contract (فسخ نكاح). Therefore, the woman is required to observe a waiting period (ʿiddah) of only one menstrual cycle before she is religiously permitted to remarry.
❖ Evidence from the Sahabah:
Sayyidunā ʿAbdullāh ibn ʿAbbās رضي الله عنهما was asked by Ibrāhīm bin Saʿd bin Abī Waqāṣ:
A man gave his wife two divorces, then the woman sought khulʿ from him. Can he marry her again?
Ibn ʿAbbās replied:
"Yes. Khulʿ is not a divorce. Allah mentioned ṭalāq at the beginning and end of the verse, and khulʿ in between. So khulʿ is not considered among them."
Then he recited:
﴿الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ﴾
"Divorce is twice; then keep [her] in an acceptable manner or release [her] with good treatment."
[al-Baqarah: 229]And he also recited:
﴿فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ﴾
"And if he divorces her [a third time], then she is not lawful to him thereafter until she marries another husband."
[al-Baqarah: 230] [Tafsīr Ibn Kathīr: 1/503]❖ Explanation:
Ibn ʿAbbās meant that:
– If khulʿ were counted as a form of ṭalāq, the number of divorces would exceed three — something no one permits.
– Therefore, khulʿ is a separate legal mechanism and is classified as فسخ (annulment) and not ṭalāq.
This view is supported by:
✔ ʿUthmān ibn ʿAffān رضي الله عنه
✔ ʿAbdullāh ibn ʿUmar رضي الله عنهما
✔ Ṭāwūs, ʿIkrimah
✔ Imām Aḥmad, Imām Isḥāq ibn Rāhwayh
✔ Abū Thawr, Dāwūd al-Ẓāhirī
✔ Imām al-Shāfiʿī (in his earlier opinion)
[Tafsīr Ibn Kathīr: 1/553]❖ Waiting Period (ʿIddah) for Khulʿ:
The ʿiddah of khulʿ is one menstrual cycle, as proven in the narration:
"The wife of Thābit bin Qays took khulʿ, and the Prophet ﷺ set her ʿiddah as one menstrual cycle."
[Abū Dāwūd: 2229 | al-Tirmidhī: 1185 | al-Ḥākim: 2/206, ḥadīth 2825]Imām al-Khaṭṭābī رحمه الله commented:
"This is a fundamental proof that khulʿ is a termination of marriage (فسخ), not ṭalāq.
Had it been ṭalāq, the ʿiddah would have been three menstrual cycles as per the verse:
﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ﴾
(“Divorced women must wait for three menstrual cycles.”)
[Maʿālim al-Sunan: 3/256 | Tuḥfat al-Aḥwadhī: 4/407]Imām al-Tirmidhī رحمه الله also affirmed that this opinion is a strong and valid school of thought, writing:
"If someone adopts this view, it is a strong position."
[al-Tirmidhī with Tuḥfah: 1/408]❖ Supporting Hadith:
Rabiʿ bint Muʿawwidh رضي الله عنها narrated:
She took khulʿ during the time of the Prophet ﷺ, and he commanded her (or she was commanded) to observe ʿiddah for one menstrual cycle.
[al-Tirmidhī: 1185 | Ibn Mājah: 2008 | al-Nasā’ī: 3528]Imām al-Tirmidhī رحمه الله authenticated this ḥadīth, stating:
"The ḥadīth of Rabiʿ bint Muʿawwidh is ṣaḥīḥ — she was instructed to observe ʿiddah for one period."
❖ Final Verdict:
Based on these clear and authentic evidences:– Khulʿ is فسخ (annulment), not ṭalāq.
– The ʿiddah is one menstrual cycle.
– After completing one ḥayḍ (menstrual period), the woman is permitted to remarry.
– There is no Sharʿī objection to her remarriage after that point.
– The opinion of those who consider khulʿ a ṭalāq and enforce three menstrual cycles lacks strong proof.
Conclusion for the Case:
The girl in this case, having received a khulʿ decree, must:
① Observe ʿiddah of one menstrual cycle.
② After that, she is permissible to remarry in a fully valid Sharʿī marriage.
