I have been divorced recently, although my marriage was never consummated. I was under the misconception that if your marriage is not consummate then you don’t have to do iddah (as mentioned in Surah al-Ahzab). But now I have learned that iddah is compulsory for all. The problem is that I work in a school and my employer is not allowing me leave the job as only two months are remaining to finish the year. I want to know, as the aim for me is not to find out whether I am pregnant or not, because the marriage was never consummated. Can I complete these 2 months and then start my iddah for three months. I do want to observe my iddah but because of my contract and the timing my employer is not granting me leave or even termination without a notice. They want me to complete the remaining period and then submit my resignation. And I do not want to be a sinner.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 564/564/M=05/1435)

What do you mean by your marriage never was consummated? If your rukhsati did not take place after nikah and also both of you did not meet in privacy before the rukhsati then in such case there is no iddah if talaq takes place after nikah. And if you mean by consummation that you met in privacy after nikah but you did not have intercourse then in such case your iddah is necessary and the husband shall be responsible for the expenses of iddah. Hence it is not lawful for you to go out of the home during iddah without a Shariah reason and compulsion.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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