Iddah
Question : If a woman during her Idda has a miscarriage, is her Idda completed? If she is forced to have an abortion to save her life, will the Idda end?
Answer : The waiting period ends with a miscarriage or abortion, even in cases where abortion is prohibited.
Talaq- Khula
Question : A girl was divorced with the divorce of khulaʾ through a representative of the husband, and it was made a condition that the girl should surrender half of her dower. The divorce was pronounced and certificate issued, and all other monetary transactions were cleared, but the girl still has not given half of the dower. After observation of the waiting period, she then married another man. Please advise whether the divorce is valid, considering she has not paid the agreed half of the dower, and if it is void what should be done regarding her second marriage?
Answer : The divorce is valid. She owes him the agreed amount. He is allowed to demand it from her.
Divorce
Question : Someone has told me that the divorce is invalid if the divorce certificate does not mention its details, such as the addresses, contact numbers and the reason for the divorce. Is this true?
Answer : It is not necessary in the validity of the divorce to have a certificate.
Divorce
Question : Can the divorce be given without the consent of the wife?
Answer : The consent of the wife is not a condition in the validity of the divorce.
Divorce
Question : What is the ʿiddah period for khulaʾ divorce?
Answer : The waiting period is three durations of purity between the menstruation periods, the first of which is when the divorce takes place. The waiting period ends when she begins her third menstrual period after the divorce. It is better that she waits until she finishes the third menstrual period before remarrying.
Divorce
Question : Is the khulaʾ divorce revocable?
Answer : No, the khulaʾ divorce is irrevocable, so they cannot return to each other in marriage unless they marry each other with a new marriage contract. It is considered as one divorce.
Divorce
Question : In what situations can khulaʾ divorce take place and how?
Answer : The khulaʾ divorce is not valid unless the woman hates her tie of marriage with her husband in such a way that her hatred leads her to not fulfilling her conjugal duties. Simply not liking him without reaching such a level of resentment does not suffice for bringing about the divorce by khulaʾ.
When all conditions are met, the woman can start the divorce formula by saying "khālaʾtuka ʿalā..." (I form a khulaʾ divorce for the amount of...), and she states the amount of money that she is willing to give him. The husband says afterwards with his intention of accepting the khulaʾ divorce, "Radhītu bi-dhālik" (I accept that).
If she does not hate him to the level of refusing his marital rights, the khulaʾ divorce cannot be established, and the normal revocable divorce can take place then, which does not become irrevocable unless the waiting period is completed.
Talaq-e-Mubarat
Question : Does the khulaʾ and mubārāt divorce require witnesses?
Answer : All types of divorce, including khulaʾ and mubārāt, are not valid unless there are qualified witnesses present, and the other conditions must also be fulfilled, such as the woman not being in her menstrual period and not having had sexual intercourse since the last menstrual period.
Khula and Seegha-e-Khula
Question : If a woman obtains Khula divorce from the court, without the pronouncing of the formula of divorce, is such a divorce valid?
Answer : The said is not sufficient in the establishing of any divorce, including Khula divorce; the religiously-prescribed formula (Seeghah) is necessary in addition to the fulfillment of other conditions of such divorce which are mentioned in the books of Islamic laws.
Divorce
Question : If the court grants divorce to a couple, will this be acceptable as religious divorce?
Answer : If the divorce did not take place according to the Sharia, then in order for it to be valid it must be undertaken in the way prescribed by the Sharia, including pronouncing the formula of divorce. A written document is not sufficient.
observing iddah of divorce
Question : Is it obligatory on the husband to stay with the wife during the iddah period?
Answer : It is obligatory on the husband to provide residence for his wife during the waiting period, iddah, of a revocable (raj’i) divorce.
Divorce
Question : Can I divorce my wife based on the fact that I do not like her or should there be other reasons?
Answer : The divorce is the right of the husband. In order to be fair, one should not choose to divorce his wife unless it is necessary. It is better to try to fix the relationship with the wife as much as possible, since a divorced woman is subjected to social and psychological harm more than a divorced man.
Rules of Divorce
Question : If a husband and wife decided on divorce by khula, is it valid if it takes place during menstruation, or if they have sexual intercourse the day before?
Answer : Divorce of any type is invalid if it takes place during the menstruation period of the wife, or if they had sexual intercourse since the last menstruation period.
Divorce
Question : Is the Iddah period obligatory on a woman who used birth control pills in her previous marriage?
Answer : If the marriage was consummated then observing Iddah is obligatory in all cases.
Divorce
Question : One performed the divorce in the presence of his wife’s father and the husband of her paternal aunt, on the demand of his wife for divorce. Is the divorce valid?
Answer : If the said two people are believers, and they adhere to the laws of Islam in a regular way and do not insist on committing sins when they commit any, then they are considered as ʿādil witnesses for a divorce. If the rest of the conditions are met, then the divorce is valid.
Iddah Period
Question : Seeing that the significance behind the Ê¿iddah period is so that the father can be identified adequately if the woman becomes pregnant, and contraception almost eliminates the chances of pregnancy, is there any need of the Ê¿iddah period when using contraception?
Answer : The reason behind the waiting period is not necessarily identifying the father if the woman is pregnant. If this was the reason, then it would have been sufficient for Almighty Allah the Divine Legislator to consider one menstrual cycle as a waiting period and not any longer duration. Almighty Allah knows the actual reason behind such legislation.
Therefore, the Ê¿iddah must be observed even if contraception was used.
Divorce
Question : If one cannot pronounce the divorce formula in Arabic does he need to assign an agent (wakīl) to do so?
Answer : No, it is not necessary to appoint an agent; if he is not able to pronounce it in Arabic, then he may do so in another language.
is there iddat after mutah?
Question : If a girl underwent temporary marriage without sexual intercourse, but they had a physical relationship, will the girl have to observe the Iddah after the marriage has ended? Can she have temporary marriage with the same person again without observing Iddah?
Answer : It is permissible for a woman who was married to a man temporarily to marry him again without the need to observe the Iddah, provided that she did not consummate a marriage contract with another man after the temporary marriage.
Divorce
Question : Does Islam allow the wife to have the power to divorce her husband?
Answer : Islam has not established marriage in such a way. Islam has legislated marriage in a manner that gives the husband the right of divorce, as well as the financial obligations and other responsibilities.
Temporary Marriage
Question : If the woman is divorced and no sexual intercourse took place during last 3 months, then is it necessary for her to observe Iddah?
Answer : If the marriage is consummated i.e. intercourse took place even once, then she has to observe the Iddah.