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Wife divorced while overseas

Answered as per Hanafi Fiqh by Fatwa.org.au
Husband lives in Country A. Wife is from Country B. While husband is in Country A, the wife is visiting Country C.

In this situation, the wife is given talaq al bain (irrevocable divorce) by her husband (through the internet). The wife was staying in Country C temporarily, and had to fly back to Country B, and so could not complete the iddah in Country C.

What should she have done? If she could not do what she was supposed to do (e.g. stay back in Country C so that the iddah was completed), does she have to do anything now to compensate for it?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

She should have completed her iddah in country C. Because she didn’d do this, she must do tauba and istighfaar.

However, if she could not have completed her iddah in country C due to visa issues, for example, then she had no choice but to go back to country B. In this case, she will be excused.

Note 1: The answer above assumes that the marriage between the wife and husband was consummated. If this is not the case, please resubmit the query with this clarification.

Note 2: It is prohibited for a woman to travel more than 77 kilometres without a male mahram. If a woman has done this, it is compulsory on her to do tauba.

(Shami: 3/538-539, 504, Saeed; Al-Muheet Al-Burhaani: 5/242; Al-Fatawa Al-Hindiya: 1/560, Darul Kutub Al-Ilmiyyah)

And Allah knows best.

Mufti Faizal Riza
27/5/2012

This answer was collected from Fatwa.org.au, which is connected to Darul Ifta Australia, based in Melbourne, Australia.
It is operated by Mufti Faizal Riza, a student of Mufti Ebrahim Desai from South Africa.

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