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:

Assalaamoalaikum.

want to know if partners can stay in same house and sleep in different rooms with kids after divorce?

We have an elder person as well as live in maid who can also see that apart from being together with kids,nothing more is done!

We both are aware and careful of not having any physical contact whatsoever. Its just that the family is divided with kids in different cities. And both of us want to see that kids get to stay together whenever possible at the same time get to be with the other parent as well. Though divorced,Alhamdolillah ,the bitterness is not as much where the communication is not possible. would appreciate your reply even as personal response to my email.

Thanks.

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Answer:

Stay together 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 ‘iddah’ or waiting period after the declaration of divorce has elapsed, the divorce would be deemed established and the couple would now be non-mehrams to each other. If every precaution that a believer should take when in the presence of a non-mehram member of the opposite sex is honored, there is absolutely no harm if two non-mehrams happen to live in the same house for some reason.

The ex-wife should cover herself completely; both of them should lower their gaze and talk in a strictly business-like manner if any need arises, they should not meet or sit or talk casually in private, etc….basically take every precaution one would take when in the presence of a non-mehram member of the opposite sex.

There is absolutely nothing in Shariah which prohibits two non-mehrams living in the same house, provided none of the Commands and the Limits of the Lord’s Boundaries are violated..

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