Q. Suffering many years of ill treatment by her husband, a woman was granted her request for khula’ by the court. However, before the end of her waiting period, her husband’s relatives tried to persuade her to return to him, saying that it was permissible during the waiting period of three months. She wants to know whether this is permissible.
(Name and address withheld)
A. The majority of scholars consider the waiting period for a woman separated from her husband by khula’, which is the termination of marriage at the wife’s request, to be the same as that of a divorced woman, i.e. until she has had three menstrual periods or three periods of cleanliness from menses.
However, a highly valid ruling on the basis of the Sunnah is that it lasts only until she has had one period only. “When a woman sought khula’ at the time of the Prophet, he told her husband: ‘Take back what you had given her and let her free.’ The man agreed.
The Prophet ordered her to observe a waiting period until she has had her menstrual period and then join her family.” (Related by Al-Nassaie).
It is agreed by all scholars that the man cannot reinstate the marriage in any way, because she regains her independent status. Even if he gives her back her dowry or whatever she pays him to release herself, still he cannot reinstate the marriage. What can be done is that they can marry anew, with a new marriage contract. This is certainly subject to her agreement. If she refuses, he cannot pressure her in anyway.
I understand that the woman in this case suffered ill treatment for many years. As such, she could have obtained a divorce on the basis of ill treatment. A divorce is different from khula’, because a divorced woman is entitled to retain the dowry her husband had given her at the time of their marriage. In khula’, she should refund him the dowry. Anyhow, many women find themselves compelled to resort to khula’ because it is easier to achieve. Since this woman has been ill treated, she would be ill advised to return to her former husband. She should resist the pressure brought to bear on her so that she does not suffer more abuse.
