A wife asking for Khul’ during her menses

25-5-2011 | IslamWeb

Question:

Assalaamu alaikum, Can a sister ask for Khula while in her menses? Jazak Allah khair
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

It is permissible for a wife to ask for Khul’ during menses. But the jurists may Allaah have mercy upon them held different opinions on whether or not it is permissible (for a husband) to issue Khul’ when the wife is in her menses. Some of them are of the view that this is permissible, like the Hanbali School of jurisprudence and some others prohibited it like the Maaliki and Shaafi’i Schools of jurisprudence according to their most correct opinion.

Allaah Knows best.

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