Iddah Period For Pre Pubescent?

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:

Surah 33:49 says there is no waiting period for those females who marry but don't have sex yet and get divorced. However, Surah 65:4 says pre pubescent divorcees do have a waiting period. So do they have a waiting period or not? Do Hadith shed light on this apparent conflict?

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Answer:

Iddah Period For Pre Pubescent?

Dear brother there is no CONFLICT  between the two verses because both the verses are related TO different issues. Read the below CAREFULLY.

 Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 228: Divorced women shall wait concerning themselves for three monthly periods; nor is it lawful for them to hide what Allah hath created in their wombs if they have faith in Allah and the Last Day.

If the ‘nikaah’ has been performed between a couple, even if the bride has still not moved in with her husband and happens to live with her parents…..if the married couple have met in absolute privacy even only once and had a chance to consummate their marriage….the absolute majority of the scholars and jurists in Islam are of the opinion that if the husband were to pronounce a divorce upon his wife, the wife should fear Allah and fulfill her waiting period or ‘iddah’ of divorce as prescribed.

Allah Says in the Holy Quran Chapter 33 Surah Ahzaab verse 49:

49      O ye who believe! When ye marry believing women and then divorce them before ye have touched them no period of ‘Iddah’ have ye to count in respect of them: so give them a present and set them free in a handsome manner.

If a ‘nikaah’ has been performed between the couple, and the husband and the wife never met in absolute privacy, nor had a chance to consummate their marriage at any time…..then indeed if the husband pronounces a divorce upon his wife, she is not required in Shariah to fulfill her waiting period of ‘iddah’.

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

Your Brother in Islam,

Burhan

 

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