Stopping the previous husband from living with his new wife

Answered according to Hanafi Fiqh by

Q: I am Australia based. After a long sour relationship I divorced my ex-wife. She has completed her iddat now. I re-married back home and want to bring my new wife to Australia. But my ex. Wife is refusing to sign civil divorce papers and persistent to spend 12 months separation time. I believe it is not fair to stop a married couple to meet and live together. May I request you to please advise if my ex. wife’s conduct is valid under Shar’iah law? Is she allowed to cause delays in adjoining of a legitimate married couple? Looking forward to your instructions.


A: Once she is separated from you through talaaq and has completed her iddat, she no longer remains your wife. Hence, her conduct in trying to stop you from living with your new wife is incorrect.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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