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Does a separated wife still observe the iddah?

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by: Maulana Muhammad Adnan​

Question


I need some guidance as my husband has given me taalaq do I need to be in iddat? As me and my husband were separated for a long time, And is mehr to be given back or not?

If he does not return what will happen?

Thank You For Help. 


بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم


In the name of Allah, the Most Gracious, the Most Merciful 

Answer:

If your Husband has given you a divorce you must sit in your waiting period for three menstrual cycles.  Your Iddah starts from the pronouncement of divorce even though you were separated for a while. Mahr is not to be returned as it is your right at the time of marriage and is not returned when the man divorces the woman. If he does not return before your waiting period is over then you may remarry any other man if you wish. If he gave two talaq or less then you may redo your nikah with him if you wish so.

(Bahishti Zewar Kitaabun Nikaah)

Only Allah Knows Best

Written by Maulana Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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