my husband has talaaq me over the fone with no witnesses i am living in zina.

Answered according to Hanafi Fiqh by Askimam.org

assalaamualykum my husband has talaaq me over the fone with no witnesses i am living in zina. my fiance would like proof of my talaaq, but my ex is overseas and cannot get in contact with him. my fiance woul also like me to go through an idat period i have not been with my ex for 4years now i need to know what steps to take and if idat is necessary i think his using idat as an excuse because his brother is coming from overseas and he does not want to be embarrassed. i have lived like a non muslim all most of my adult life i have a good muslim man and would like to do things Allah’s way but i have been estranged, by my family because of past behaviour and my father is a very stubborn man, he will not allow me idat in his house also my fiance does not want my children to live with us after marriage they will live with my dad, they will only stay over 1nce a mth. i need your guidance, please. i am not one of the wise in our religion, but inshallah with your guidance and the mite of Allah this will change in my future Jazzakallah for taking the time to assist me.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

It is very encouraging to note that you wish to change your life and become more Islamic. All that is required is a little courage and a little sacrifice. That will impact positively in your life and you will lead a more quality life.

If your husband divorced you, then your iddat commenced from the time of the divorce. If you were not conceived then upon the expiry of three menses, your iddat terminated and you were free to marry another person from that time. You had to observe the laws of iddat at that time. If you did not do so, that is a sin for which you should repent. However, not observing the rules of iddat does not obstruct the iddat. We also wish to advise you that Islam prohibits a fiancé/fiancée relationship. If you wish to get married, then follow all the appropriate guidelines in doing so. Do not rush into marriage. Consult appropriate people and only when you are sure about your decision, then place your trust in Allah and proceed.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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