I got a question about divorce.
“in hanafi fiqh.. i can divorce her. without telling her.. so i give her a divorce.. and you are the witness.. so in 4 month 10 days.. her iddah will end.. i won’t tell her.. let her suffer.. atleast in Allah eyes.. my wife won’t be doing zina.. its someone i give a divorce to“
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh
According to Shariah, if a husband divorces his wife and she does not know of the divorce, she will be divorced. However, divorce has implications such as Iddat, etc which the wife has to observe. The husband should inform her of the divorce so that she can observe her Iddat. If the divorcee does not adhere to Sharaih, she will be sinful. That does not give reason not to inform her of being divorced.
Furthermore, the Iddat of a divorcee is three menses if she experiences menses and she did not conceive. If she does not experience menses, her Iddat will be three months. The Iddat period is 4 months and 10 days for a widow who is not conceived.
And Allah Ta’āla Knows Best
Mufti Ismail Desai,
Checked and Approved,
Mufti Ebrahim Desai.
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ….. فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ فَإِنْ طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَنْ يَتَرَاجَعَا إِنْ ظَنَّا أَنْ يُقِيمَا حُدُودَ اللَّهِ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ (230)1) : 229، 230(