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What is the Iddah in this situation?

Answered according to Hanafi Fiqh by DarulUloomTT.net

Assalaam Alaikum,

If I am a student pursuing  Islamic knowledge on a daily basis at a school with only women and my husband issued me one divorce but we never consummated the marriage either. Would i still have to stay home for my 3 months iddah? And if i do continue going to school would I be sinful?

Wa Alaikum Assalaam,

In this case, if the marriage was not consummated and both you and your husband were never in a state of full privacy (where he could have consummated the marriage), then you will not have to go through the 3 months iddah period upon being divorced by him.

Regarding this the Holy Quran has stated, ‘O you who believe! When you marry believing women, and then divorce them before you have sexual relations with them, no iddah have you to count in respect of them.’ (Surah Al Ahzaab 33, Verse 49).

Seeing that there is no iddah to be observed, you can continue to go to school. You would not be sinful.

It is to be noted that ‘the one divorce’ given by your husband will constitute an irrevocable divorce. This means that he cannot revoke it and there would not be any reconciliation for both of you to simply re-unite as husband and wife. If he wants to take you back as his wife, he will be required to remarry you with your consent.

The reason for this is that revoking and taking back the wife can only take place during the iddah, and there is no (iddah) waiting period in this situation.

And Allah Knows Best,

Mufti Waseem Khan.

17/03/17.

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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