Is Khul' (dissolution of marriage by wife) permissible during menstruation or a period of purity in which intercourse occurred?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 1 · Bab 1

Open in Qurani

Primary text

Dissolution of marriage by Khul' is permissible during menstruation or a period of purity following intercourse. The prohibition on divorce during menstruation is due to the harm caused by the prolonged waiting period (Iddah). Khul', however, is sought to remove the harm of poor companionship or living with someone disliked, which is a greater harm than the extended Iddah. Therefore, the greater harm is averted by the lesser. The Prophet, peace be upon him, did not inquire about the state of the woman seeking Khul'. Since the necessity of ending the prolonged Iddah arises from her request for Khul', it signifies her satisfaction and preference for it.