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Do I Have to Sit for Iddah?

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

Assalamualaikum


I’m a 20 year old women who has been married for 2yrs and 10 months and have got a 14 month old daughter with him, I have been having problems with my husband, and have now left him and have come to my parents house, with my daughter!
its been 4 and a half months since we have been separate. And I have now come to a decision that I no longer want to be in this unsuccessful Nikah bond.
There for I have asked him to give me a divorce, but he has refused. I have now got in touch the the Shari’ah council in Birmingham to sort things out.
they have said they will be able to sort it out!
now I have been asked for my hand in marriage, I know I have to be in Iddah for three months after my divorce is it compulsory, as the guy that has proposed wants us to get married as soon as my divorce is done, his also willing to take my daughter as his own.
there for can you please advise me of this situation. If its compulsory to stay in Iddah?
Jazakallah
can you please advise me of this situation as soon as possible.


Answer:                  

 

                  

 

Allah says, “And do not resolve on the tie of marriage until the prescribed period runs its course. And know that Allah is aware of all that is in your hearts. So fear Him and know that Allah is Oft-Forgiving, All Forbearing.” (Surah Baqarah, Verse 235.)

 Ibne  Abbas, Mujahid, Sha’bi, Qatadah, Rabee’ bin Anas along with many other commentators of the Qur’an hold the view that marriage enacted before the completion of the waiting period after divorce is issued, is not correct. (Tafseer Al-Qur’an Al-‘Azeem, Vol. 1, Page 374-375, Fataawaa Aalamgeeri Vol. 1,  Page 280, Fataawaa Rahimiyyah Vol. 2,  Page 147-148.)

If the marriage is enacted, the couple will not be considered husband and wife. Therefore, living together will be Haraam and a major sin. It will only be permissible to remarry after three menstrual periods have passed after the issuing of divorce. Marriage enacted prior to the completion of the waiting period after divorce is no marriage. (Fataawaa Rahimiyyah, Vol. 2, Page 148.)

And Allah Ta’ala knows best 

Nezaam bin Yahya Ali

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

                  

31 May 2005

22 Rabee’uth Thaani 1426

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