Islamic Law 
Fatwa: What Would the Iddah Period be?
Fatwa: What Would the Iddah Period be?
Fatwa: What Would the Iddah Period be?
Shaikh (Dr) Haitham Al-Haddad
Apr 04
|00:00
Last Updated on Mon, 04 Apr 2011 20:40
Q: If a woman is separated (with no communication at all) from her husband for four months now (living with parents) and has not been given a divorce by her husband, and then applies for a divorce through her local Shari'ah Council - what would the ‘iddah period be?
A: Being separated from the husband before the pronouncement of divorce does not in any way remove the requirement that is the ‘Iddah period. Allah linked the ‘iddah with divorce itself and not with separation. As Allah said:
This was also the practice of the Prophet (peace be upon him).
It should be noted that divorce is of two types; Revocable and irrevocable. Revocable divorce is the first or second divorce within the ‘Iddat period. As Allah said:
“Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.”[2]
In this case the status of the divorcee is that she remains a wife to her husband which means that he does not need her consent to take her back. She is his wife during this period and she inherits from him if he was to die, as does he from her if she was to die during this period.
If the ‘Iddah period ceased then the husband can resume his marriage with his wife but with a new Nikah which requires all the prerequisites and conditions of a new Nikah namely the consent of the female and her Wali (guardian), Mahr (dowry) and witnesses.
The irrevocable divorce is the third divorce irrespective of the ‘iddah period, in this scenario the divorce is final and the husband cannot resume the marriage with the same wife until after she is married to a husband other than himself and thereafter divorced. Allah said:
“And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him.”[3]
Therefore, the ‘iddah period is a period sanctioned by Allah for reconciliation; it is an opportunity for marriage ties between both parties to continue according to the details above.
This ruling is one that is unanimously agreed upon by jurists of all the Madhabs (Schools of legal thought).
Allah the Exalted knows best.
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iddah
written by faldelah, April 26, 2012
written by faldelah, April 26, 2012
My husband was ask by tis woman wu is starting her iddah period to marry her. Is tis allowed in islam n wat does the shariah say abut honouring your iddah period. He did not tell me about it but he send me a text message. Kanala I need advise
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Iddat
written by Shabbior Ahmad, February 20, 2012
written by Shabbior Ahmad, February 20, 2012
salamalaikum
can my mother aged 70 travel to my house (in other city away from her home town)to join her grand son's Nikah ceremony during iddat period, as our fater passed away a few days back.
can my mother aged 70 travel to my house (in other city away from her home town)to join her grand son's Nikah ceremony during iddat period, as our fater passed away a few days back.
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Travel during Iddat
written by Shabbior Ahmad, February 20, 2012
written by Shabbior Ahmad, February 20, 2012
Salam alaikum
Can my mother aged 70 travel to my house (in a city away from her home town)to join the Nikah ceremony of her grandson during iddat as our father passed away recently.
Can my mother aged 70 travel to my house (in a city away from her home town)to join the Nikah ceremony of her grandson during iddat as our father passed away recently.
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mutual divorce but husband changes mind
written by samina, November 22, 2011
written by samina, November 22, 2011
my husband had an affair,wanted to marry the other woman and mutually agreed to divorce me and pronounced talaaq on me,once infront of a witness from his family.after 2 months he decides he doesn't want to divorce me anymore- I still want the divorce.what does this mean for me?
he even signed the talaq application from the shariah council website-now they have sent him a form to fill with 2 witnesses on it and he is refusing-also he has not spoken to me directly with this change of heart so if he doesn't get to speak to me before the end of my iddat will we be divorced.talaq has to be pronounced directly to the woman so shouldmn't the taking back also be the same.plz explain.jzk.
he even signed the talaq application from the shariah council website-now they have sent him a form to fill with 2 witnesses on it and he is refusing-also he has not spoken to me directly with this change of heart so if he doesn't get to speak to me before the end of my iddat will we be divorced.talaq has to be pronounced directly to the woman so shouldmn't the taking back also be the same.plz explain.jzk.
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khula
written by abu maryium, June 14, 2011
written by abu maryium, June 14, 2011
Why do some say that the Iddah of a woman who seeks khula is only one month? Is that correct?
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Iddah period
written by Ammara, May 17, 2011
written by Ammara, May 17, 2011
My husband was impotent by birth he didn't even touch me i took divorce from him tell me about my Iddah period, i have to spent 3 months for Iddah or $ months 10 days or Iddah is not obligatory on me.
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The third iddat
written by Jeremy Boulter, May 05, 2011
written by Jeremy Boulter, May 05, 2011
A question - for clarification.
The fatwa states that the third divorce is irrevocable "irrespective of the ‘iddah period." It explained that the divorce is final in this context, meaning that her estranged husband cannot resume their marriage unless she marries and is divorced by another man first.
A verse from the Quran is then proffered to illustrate:
“And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him.”
My question is this. For the third divorce, is the woman allowed to stay in the home with her husband until the 'iddah period expires, or must they separate as soon as the third divorce is declared?
Thankyou
The fatwa states that the third divorce is irrevocable "irrespective of the ‘iddah period." It explained that the divorce is final in this context, meaning that her estranged husband cannot resume their marriage unless she marries and is divorced by another man first.
A verse from the Quran is then proffered to illustrate:
“And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him.”
My question is this. For the third divorce, is the woman allowed to stay in the home with her husband until the 'iddah period expires, or must they separate as soon as the third divorce is declared?
Thankyou
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