My question is regarding a period of idaat after the divorce that was performed by american court, but i have been seperated from my husband for more than four years before the divorce was finalized. i am a sole earner and provider for my household and i have a four year old son. Since i live in United States and work in a restaurant i can’t fullfill all the requirements for idaat.
I have inquired here and the imam told me that i can’t get remarried for three months other than that i don’t have to fullfill all the requirements.
Please help me in this matter as i don’t want to do something against shariyat.
There are two issues regarding your divorce; a) Secular, b) Shari’ah.
We do not know the procedures of the American courts in divorce matters and therefore cannot state whether the divorce granted in the American court constitutes an Islamically accepted divorce (Talaaq). According to the Shari’ah, the right of divorce belongs to the husband. He has to divorce or consent to it. Kindly let us know the procedure of the divorce in the American courts for us to issue a ruling.
If we assume the divorce to be valid in Shari’ah, you will have to observe iddah for three menses if you are not conceived from the time the divorce has been granted. The separation of four years is not sufficient. If you are the sole supporter for yourself and your son, then you may observe the laws of Hijaab and go to work and return home immediately thereafter.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai