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Iddah after three written divorces

Answered according to Hanafi Fiqh by DarulIftaBirmingham

My question – if 3 talaqs were issued on paper in one go, do I, the wife, have an iddat period till my next period ended. They were issued 18th June 2008 and the end of my period will be 11th july.

Jazakallah

 

In the name of Allah, Most Compassionate, Most Merciful.

 

It is stated in Fatawa al-Hindiyya: “Writing (a divorce) is of two types: A formally written letter and informal writing. A formally written letter is that which has a heading and title like that which is written to a non-present person, and non-informal writing is that which does not have a heading. Then, non-formal writing is of two types: Clear and understandable writing and unclear writing. Clear writing is that which is written on a piece of paper, wall or ground in a way that it is understandable and readable, and unclear writing is that which is written in the air, on water or on something in a way that it is not understandable or readable.

In the case of unclear and unreadable writing (like on water or in the air), divorce will not come into effect even if one intends it. And if the writing is clear but not as a formally written letter, divorce will be effected if the person intends it otherwise it will not count. As far as a formally written letter is concerned, divorce will count regardless of whether one intends it or not.” (Vol1, P378)

 

From the above it is clear that three written divorce will constitute three divorces as stated. The waiting (iddah) period will commence from the date it was written and the woman will be free to remarry once that period has expired. It is stated in the books of jurisprudence that the waiting period for a women who has been divorced is three haidh (periods) (Durrul Mukhtar, Vol 1, P651). In conclusion you will be required to wait until three periods have passed.

 

Only Allah Knows Best

 

Sayeedur Rahman

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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