Question:
Assalamualaikum
I do not know what my marital status is under Islamic ruling. my ex husband mistreated me and was having an affair. I confronted both him and his mistress and he admitted to this. when I left he said that if I go I cannot return. I have since received my legal divorce but he did not sign the divorce petition. it has been a year since our separation. I don’t know if under Islamic ruling I am divorced. I asked him on numerous occasions for a Khula and he has refused. I also do not understand the issue of the Iddat period, as i understand this is for the purpose that the woman is not pregnant by the former husband and therefore should not consider any proposals from another man. I have been apart from my ex husband for a year with no children. how does the issues of Talaaq/khula and Iddat apply in my case?
Jazakallah
Answer:
Mere separation will not result in the termination of your marriage until your husband does not give you a Talaaq or he accepts Khula from you. With what intention did your husband told you; if you go then you cannot return?
You should ask your husband of his intention at the time of saying these words; if he informs that his intention was a Talaaq then you will be divorced from the time you left him.
After being issued with a Talaaq Iddah becomes a binding on you even though there is absolute certainty that the woman is not pregnant. The most important aspect of Iddah is that the woman does not get married to another man during that period.
You should contact your local Ulama organization and try and sort out your predicament with their help and advice.
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
07 March 2007
16 Safar 1428