WHETHER IDDAH IS APPLICABLE IF SHE IS DIVORCED?

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:

WHETHER IDDAH IS APPLICABLE IF SHE IS DIVORCED?

IF SO HOW MANY MONTHS.

SINCE THERE IS A PROOF THAT THE EX-HUSBAND WAS AWAY FROM HER COUNTRY AND SHE IS A WORKING LADY?

IS IT POSSIBLE IF SHE CAN RE-MARRY ANOTHER MAN WITHOUT IDDA?


REGARDS

 

(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:

 

Iddah if divorced

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.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 234:

234    If any of you die and leave widows behind they shall wait concerning themselves four months and ten days: when they have fulfilled their term there is no blame on you if they dispose of themselves in a just and reasonable manner.  And Allah is well acquainted with what ye do.

 

Your Question: WHETHER IDDAH IS APPLICABLE IF SHE IS DIVORCED?

Dear and beloved brother in Islam, only the widows whose husband die while they were united in the sacred institution of marriage are obligated to observe the ‘iddah’ or waiting period after the death of their husbands. 

 

If a divorce has been legally established between a husband and a wife, neither is it required in Shariah nor should the ex-wife observe the ‘iddah’ at the death of her ex-husband.

 

Your Question: IF SO HOW MANY MONTHS.

The ‘iddah’ or waiting period of a wife whose husband dies while they were united in marriage is four months and ten days; but if the wife was pregnant at the time of the death of her husband, her ‘iddah’ or waiting period is until she gives birth, regardless of whether it is only a few days or the full nine months.

 

Al-Muwatta Hadith 29.85

Yahya related from Malik from Hisham ibn 'Urwa from his father that al-Miswar ibn Makhrama told him that Subaya al-Aslamiya gave birth a few nights after the death of her husband. The Messenger of Allah (saws) said to her, "You are free to marry (the ‘iddah’ period is over), so marry whomever you wish."

 

Your Question: IS IT POSSIBLE IF SHE CAN RE-MARRY ANOTHER MAN WITHOUT IDDA?

The divorced ex-wife does not have to perform ‘iddah’ at the death of her deceased ex-husband; and she is well within her rights to seek to marry any eligible person any time after the establishment of her divorce from her ex-husband.

 

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

 

 

 

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