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Fatwa CenterShe received a proposal during her waiting period after Khul’
Question
salam.i got marrid 3yrs bck and i hv a son.i m livng wd mothr 4last 1.5yr and recently i get khula,as my husband used 2insult me,torture,didnt trust niether support financialy.in da mean while a man gv proposal 4me 2 my parents.as my reconcilliatin wasnt possible so thy talked him..later v talked eachother on phone during court proceedings just 2 understand nature bt within limits.its nt like th8 bcz of this person i took divorce. nw kindly tell tht after getting khula during iddat period cn v continue 2 talk or n8? kindly tell in light of fiqah hanfia.
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 
is His slave and Messenger.
It is not permissible for you to talk to that man without a need neither during your waiting period nor after your waiting period expires because he is not a Mahram to you [a Mahram means a husband or a person whom one is permanently prohibited from marrying due to suckling, marital, or blood relations]
Moreover, if your husband did not utter divorce or Khul’ nor did an Islamic judge rule it, then you are still his wife and it is not permissible for anyone to propose to marry you even indirectly as you are still married to that man [i.e. you are still within the bond of marriage with him].
Even if we presume that Khul’ had actually taken place and that you are observing your waiting period, it is not permissible for anyone to propose marriage to you.
As-Sarakhsi 
from the Hanafi School, said while enumerating the women forbidden in marriage: “…the fifth is the woman who is married to someone else, or who is in her waiting period after divorce or death of husband, then she is forbidden for a fixed period, i.e. until the expiry of her waiting period, this is confirmed in the saying of Allaah (which means): {And [also prohibited to you are all] married women.}[Quran 4:24]; i.e. the women who have husbands. This is also confirmed with the saying of Allaah (which means): {And do not determine to undertake a marriage contract until the decreed period reaches its end.}[Quran 2:235]
Therefore, it becomes clear that your engagement with that man is forbidden, but it is permissible for him to propose to you and marry you after the expiry of your waiting period.
According to the most preponderant opinion of the jurists 
Khul’ is considered as one irrevocable divorce , and this is the view of the majority of the scholars among whom is the Hanafi School of jurisprudence. For more benefit, please refer to Fatwa 123508.
As regards indirectly alluding concerning a proposal to a woman who is still in her waiting period from an irrevocable divorce, then according to the Hanafi School, it is not permissible to indirectly allude concerning a proposal to woman who is in her waiting period either from a revocable or an irrevocable divorce.
Az-Zayla’i from the Hanafi School, said: “If she is observing a waiting period from a divorce, then it is not permissible to make a hint of betrothal to her because if her divorce is revocable, then she is still a wife, and if it is an irrevocable divorce, then it is not possible to make a hint of betrothal to her in a manner that people would not notice as she does not go out of her home (in her waiting period) neither by night nor by day, and expressing one’s will to marry her explicitly is an evil act, as it leads to hatred and enmity between the man who proposes to her and her husband and also between her and her husband.”
Finally, it should be noted that among the rights of the wife on her husband is that he should be kind to her and have good marital relationship with her and spend on her, and being negligent about all this is not permissible. The Prophet said: “It is enough a sin for a person not to provide means of sustenance to those whom he is obligated to support.” [Ahmad and Abu Daawood]
For more benefit on the rights of spouses, please refer to Fataawa 85308 and 83157.
Allaah Knows best.
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