Can a women stay in the house of his husband after divorce
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:
can a
women stay in the house of his husband after divorce
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Answer:
Can wife stay in
house 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 husband has pronounced a revocable divorce (the 1st
or 2nd divorce), then it would be prudent for the wife to stay at
her husband’s house during her ‘iddah’ or waiting period of three monthly
courses….for there is always a chance the husband may reconsider his decision
and may wish to revoke it. If the
husband does not revoke his decision of divorce before the expiry of the
‘iddah’ period, then the couple would be deemed divorced in the Sight of
Shariah, and it would be best for the woman to then live separate from her
ex-husband.
But if the divorce pronounced is irrevocable (3rd
divorce), the husband and wife become non-mehram to each other immediately at
the pronouncement of the 3rd divorce; and since there is absolutely
no room in Shariah Law for the 3rd divorce to be revoked, it would
be upto the woman where she wishes to honor her ‘iddah’ or waiting period of
divorce.
Legally the decision where the woman upon whom a divorce
is pronounced stays, is entirely upon the woman herself. If she wills she may honor her ‘iddah’
period in the house of her husband; and if she wills she may choose a separate
accommodation.
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
Wister