Question:
I would like to know if a wife is divorced in the following situation:
The husband is not allowed near the house of her parents where they stayed together, because he said his next step is intention of Talaaq.
He gives a written Talaaq (e-Baain) to her brother, who phoned the mufti, and read the Talaaq to him. The mufti phoned the wife and said she must sit Iddah, the husband divorced her. She did not complete the whole cycle, only two and a half of her cycle, but the husband hasn’t taken her back at all or intended any reconciliation. He now married someone else.
Are they still married or is she out of his Nikah and can marry someone else now?
I would appreciate it if you could help me with this question.
Jazakallah
Answer:
In the above mentioned scenario a Talaaq-e-Baain has taken place the moment he wrote out the Talaaq. And if the complete period of Iddah has passed then she is out of his Nikah and is free to marry someone else even though she has not secluded herself for the entire stipulated period. The main thing to consider is the passing of the Iddah time whether she was in seclusion or not.
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
22 June 2007
06 Jumaaduth Thaani 1428
This Q&A was indexed in 2012 from the website of Jameah Mahmoodiyah, South Africa. The original website no longer exists.