Can a women stay in the house of his husband after divorce

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

 

can a women stay in the house of his husband after divorce

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Can wife stay in house after divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

If the husband has pronounced a revocable divorce (the 1st or 2nd divorce), then it would be prudent for the wife to stay at her husband’s house during her ‘iddah’ or waiting period of three monthly courses….for there is always a chance the husband may reconsider his decision and may wish to revoke it.  If the husband does not revoke his decision of divorce before the expiry of the ‘iddah’ period, then the couple would be deemed divorced in the Sight of Shariah, and it would be best for the woman to then live separate from her ex-husband.

 

But if the divorce pronounced is irrevocable (3rd divorce), the husband and wife become non-mehram to each other immediately at the pronouncement of the 3rd divorce; and since there is absolutely no room in Shariah Law for the 3rd divorce to be revoked, it would be upto the woman where she wishes to honor her ‘iddah’ or waiting period of divorce. 

 

Legally the decision where the woman upon whom a divorce is pronounced stays, is entirely upon the woman herself.  If she wills she may honor her ‘iddah’ period in the house of her husband; and if she wills she may choose a separate accommodation.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

 

Your brother and well wisher in Islam,

 

 

Burhan

 
Privacy  |  About Wister

Copyright © 2024 Wister All rights reserved