Divorce idda of women without rukhsati.
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:
ASSALAMOALAIKUM,
PLEASE CLEAR MY DOUGHT ON THIS MATTER..
IF A WOMEN IN NIKAH BUT STILL LIVE WITH HER PARENTS AND HER HUSBAND WHO DIDNT
EVEN TOUCH HER GIVE DIVORCE THAN IT WILL BE NECESSARY FOR HER TO DO IDDAH. WITH
THANKS. WAITING FOR YOUR REPLY. MAY ALLAH BLESS YOU.
ALLAH HAFIZ.
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Answer:
Divorce idda of
women without rukhsati
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 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.
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
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan