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:

Assalamalaikum, my question is regarding a sister who was married for 1 1/2yrs. The couple had a loveless marriage and she decided to get divorced. They have been seperated for 2yrs now and only next month the divorce would be offically granted. Please could you tell me wether its necessary for her to stay in `iddah` after the divorce considering the period of seperation. And if this is so, could you explain the reasons for doing so. Your quick and prompt reply would be much appreciated.

Jazallahkharin 

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Answer:

The issue and significance of iddah

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.

Your Question: Please could you tell me wether its necessary for her to stay in `iddah` after the divorce considering the period of seperation.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 228:

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.

Beloved Sister in Islam, Shariah Law dictates that the believing woman who sincerely believes in Allah and the Last Day is required to fulfill the ‘iddah’ of divorce or waiting period of three monthly courses immediately upon the establishment of her divorce, absolutely regardless of the period of separation.

Your Question: …..could you explain the reasons for doing so.

Although there are many benefits and wisdoms behind the requirement of fulfilling the prescribed period of a divorce ‘iddah’, the two main reasons are:

1. To determine whether the divorced woman is pregnant at the time of the divorce, so that the inheritance rights of the unborn child are legally and lawfully protected.
2. The first two pronouncements of divorce in a marriage are revocable. If perchance the husband has declared divorce upon his wife in a burst of anger or emotion, or if the situation or conditions change which prompted the divorce pronouncement after the declaration of divorce, the ‘iddah’ period would allow the couple sufficient time to reconsider their decision to permanently separate from each other.

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