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Living in the same house with one’s ex-husband

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I have a few questions to ask regarding divorce. I was married to my cousin for 7 years, he came to Canada last year in 2016 and tried to break my virginity; however, he was unable to break my virginity. After that he never came near me. I got divorced this year in the beginning of August. He is still living in the same house where I live in but in different bedrooms. I would like answers for 3 questions:

1. He is my na-mahram now so should he be living in the same house as me?

2. I received a divorce from the Canadian government, but does my ex husband have to say divorce 3 times to me for me to be legally divorced in Islam?

3. How long is my iddah period and what are the restrictions associated with it ? I work full time so how will my iddah period work?

Bismillaah

A:

1. This is a dangerous situation. You do not know how shaytaan may play tricks. There should be a reasonable distance between the both of you where he may not be able get close to you.

2. If your husband instructed the officer to proceed with the legal process to issue a divorce then the divorce is counted and recognised.

3. The iddat period is 3 menstrual cycles. Just take a break from work for this period.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, 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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