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:

I am a married lady , from last 19months i am separated, actually forcefully my husband took my signature on a note as khulanama and deserted me& my child, after 14months he got married to one more lady,when i ask him to give me divorce he is saying that all over & showing that paper as khula. but now i had kept a petetion in court for a legaldivorce, my question is it may take 3-4 months ,in these months if i get a good match can i marry.or else i ve to wait till divorce take place & then 3 months idat ,then marry ,i mean after 6/7 months. 

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Answer:

Idda after forced 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.

Islam has recognized that two human beings who at one time in their lives intended and committed to unite in the sacred institution of ‘nikaah’ might not get along for any reason and may wish to go their separate ways…..thus as detestable and disliked such a separation might be in the Sight of Allah Subhanah, separation through the institution of divorce is indeed considered lawful in Islam.

Sunan of Abu-Dawood Hadith 2173 Narrated by Abdullah ibn Umar

The Prophet (saws) said: ‘Of all the lawful acts’ the most detestable to Allah is divorce.’

Sunan of Abu-Dawood Hadith 2172 Narrated by Muharib

The Prophet (saws) said: ‘Allah did not make anything lawful more abominable to Him than divorce.’

Both partners in the marriage, the husband and the wife, are well within their rights in Islam to initiate a divorce proceedings in their marriage if the parties fear that they might not be able to live within the prescribed boundaries of their Lord in their marriage.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 130:

130 But if they (the husband and the wife) disagree (and decide to divorce), Allah will provide abundance for all from His all-reaching Bounty: for Allah is He that Cares for all and is Wise.

If your husband wanted to divorce you, all he ever had to do was verbally declare ‘I divorce you’ unto you only once, and a legal divorce would have been established in the marriage in the Sight of Shariah Law and in the Sight of Allah Subhanah. Because the first two declarations of divorce in Shariah are revocable, the husband is well within his rights to revoke his divorce before the expiration of the waiting period of ‘iddah’ which is three menstruation periods of the wife.

If the husband did not revoke his divorce before the expiration of the ‘iddah’ or waiting period, the divorce is legally finalized, and the wife is thereafter free to marry any eligible person of her choice.

In your particular case, it seems the husband chose to communicate the divorce to you through a written note, when even only a verbal declaration of divorce would have sufficed.

Respected sister, your ‘iddah’ or waiting period started the day your husband communicated his declaration of divorce to you, whether it is was verbal or written. If your husband did not revoke the divorce before the expiration of your ‘iddah’, you are free to marry any eligible believer of your choice after the expiration of your ‘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