The waiting period for a woman who has been given khul’

The post-marital waiting period (iddah) after marital release (khul’) is the same as divorce according to the four Sunni schools of law, thus three complete occurrences of menses or with childbirth if pregnant.

Hanafi:

“And if a man divorces his wife with an irrevocable or revocable divorce, or if annulment takes place without divorce, then if she is a free woman and menstruates her Iddah will be three occurrences of menses.”[1]

Ibn Humam mentioned in the commentary:

“This ruling includes marital release, as opposed to those who said that the waiting period from marital release is a single occurrence of menses.”[2]

Maliki:

“Marital release is not annulment with Imam Malik, rather it is an irrevocable divorce.”[3]

“The waiting period for a menstruating woman is three cycles of purity after any divorce that occurs after penetration.”[4]

Shafi’i:

“If he divorces her after penetration, then the waiting period (three cycles of purity) is binding upon her and annulment of the marriage for any reason is like divorce because it is a separation of marriage during life so it is like divorce.”[5]

Hanbali:

“Every separation that occurs between two spouses will cause her waiting period to be the waiting period of divorce, whether it is because of marital release or other means. Three menstrual cycles is the preferred opinion which is the opinion of Umar and Ali (may Allah be pleased with them).”[6]

Answered by Shaykh Bilal Brown

[1] (Al-Hidayah, Chapter of Divorce).

[2] (Fath al-Qadir, Chapter of Divorce).

[3] (Al-Sharh al-Kabir, Chapter of the Marital Release).

[4] (Paraphrased from Hashiyah al-Dusuqi, Chapter of the Waiting Period of a Free Woman).

[5] (Mishkah al-Misbah, Chapter of the Waiting Period).

[6] (Al-Mughni, Chapter of the Waiting Period).