When Does One Start the Waiting Period (‘Idda) in a Khul’ or Faskh Case?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
I will soon be filing for a khul‘ (female-initiated divorce). My lawyer told me that with the court process and notification procedures, it can take 3-5 months to process the Khul‘, or possibly Faskh if my husband doesn’t agree to the Khul‘.
My question is, when does my idda start and end? Does the idda begin from when I first “initially” sign and file the paperwork or from when the civil paperwork is “finalized”?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question.
The waiting period (‘idda), in the case of khul‘ and faskh, will start when the Islamic court, scholarly body, or Shari‘a council finalizes the paperwork.
I would like you to go through the valuable answers and links below. You will receive guidance and direction, in sha’ Allah.
Related:
- Is ‘Idda Necessary If Someone Had No Physical Contact with Her Husband and Currently Going through Khul‘?
- What Is the Process of Asking Khula from Husband
- Khula Archives
- What are the rulings of the waiting period (‘idda)? Islam FAQ with Shaykh Faraz Rabbani. [Video]
- Love, Marriage, and Relationships in Islam: All Your Questions Answered
- Etiquette of Marriage: A Comprehensive SeekersGuidance Reader
- The Prayer of Need (Salat al-Haja)?
Why not begin your search for knowledge by signing up for a course on SeekersGuidance?
I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
