Q: I have been divorced for 7 years. The talaq was issued by my then husband in writing but it was at my request. I was married for 10 years and we have a daughter. In the time of my marriage he never supported me financially nor spent time with us as he was married and I accepted that he give his first wife more time. After few years into our marriage, his first wife asked for talaq. He was with me for 6 months when I discovered some indiscretions and he said he was involved with another woman. I urged him to get married and that I would accept it 100% but he needed to be fair from the start so that she could understand as she reverted before they married. He continued to not spend time with us at all and never provided financially. His new wife according to him was insisting that he had to choose as she cannot accept him remaining married to me. He chose her but only gave me the Talaq upon my request. I have it in writing. Thereafter we had meetings with both sets of parents who were made aware that I was observing my iddah period. They could not influence the decision and respected and accepted it. I informed my then husband the date after every menstrual cycle until my third clean period. after which I ended my iddah period.
I want to remarry Insha Allah and want assurance that the correct procedure was followed.
A: Your iddah is over since you have ended the monthly cycles. You may remarry if you wish.
( وهي في ) حق ( حرة ) ولو كتابية تحت مسلم ( تحيض لطلاق ) ولو رجعيا ( ثلاث حيض كوامل ) لعدم تجزي الحيضة فالأولى لتعرف براءة الرحم والثانية لحرمة النكاح والثالثة لفضيلة الحرية (رد المحتار 3/ 504)
( ومبدأ العدة بعد الطلاق و ) بعد ( الموت ) على الفور ( وتنقضي العدة وإن جهلت ) المرأة ( بهما ) أي بالطلاق والموت لأنها أجل فلا يشترط العلم بمضيه سواء اعترف بالطلاق أو أنكر
قال الشامي في رد المحتار : قوله ( لأنها أجل ) أي لأن العدة أجل فلا يشترط العلم بمضيه أي بمضي الأجل اه ح وفي عامة النسخ لأنهما بضمير التثنية أي عدة الطلاق وعدة الموت قلت وهذا مبني على تعريف البدائع من أن العدة أجل ضرب لانقضاء ما بقي من آثار النكاح وقدمنا ترجيحه (رد المحتار 3/ 520)
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)