Assalamu alaikum...
I know that when a couple divorces, the woman is not supposed to marry for 3 months. My question is what if the husband refuses to support her and she has no family she can live with. If she is definitely not pregnet (hysterectomy), must she still wait the full 3 months?
Amani S.
0
Question about divorce
Started by
Guest_Amani S._*
, Sep 06 2003 05:10 AM
3 replies to this topic
#2
Posted 06 September 2003 - 07:44 AM
Assalaam alaikum w a rahmatu Allahi wa barakatuh,
Even the women that are past menopause must wait three months, but those three months are supposed to be in the husbands house. He is not allowed to put her out of the house, nor is she supposed to leave it before that time unless she has committed clear immorality. Please see surah AT-Talaaq (surah 65).
Question:
I heard from some of the common folk that the mother of one’s children cannot be divorced. Is this true? Do any of the scholars say this?
Answer:
Praise be to Allaah.
This view is false and has no basis in sharee’ah. I do not think that any scholar or seeker of knowledge could give a fatwaa expressing such a false view. The Qur’aan, Sunnah and scholarly consensus (ijmaa’) indicate that if a man divorces his wife, whether she is young, middle-aged or old, when she is “pure” (i.e., not menstruating) and he has not had intercourse with her, or she is pregnant and it is obvious that she is pregnant, then she is divorced. Allaah says of divorced women who are of child-bearing age:
“And divorced women shall wait (as regards their marriage) for three menstrual periods”
[al-Baqarah 2:228 – interpretation of the meaning]
Allaah says concerning divorced women who have passed through menopause:
“And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses…”
[al-Talaaq 65:4 – interpretation of the meaning]
Then He said concerning divorced women who are pregnant:
“And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they lay down their burden”
[al-Talaaq 65:4 – interpretation of the meaning]
If it is the third talaaq (divorce), then she is irrevocably divorced and it is not permissible for him to take her back until she has been married to someone else. If it is the first or second talaaq, then two witnesses should bear witness and he should take her back. Abu Dawood narrated in his Sunan via Yazeed al-Rashk from Mutarrif ibn ‘Abd-Allaah that ‘Imraan ibn Husayn was asked about a man who divorced his wife then had intercourse with her, and there were no witnesses when he divorced her or when he took her back. He said: he divorced her in a manner that was not according to the Sunnah and he took her back in a manner that was not according to the Sunnah. Bring witnesses when divorcing a woman or taking her back, and do not do that again.
Shaykh Sulaymaan ibn Naasir al-‘Alwaan (www.islam-qa.com)
Even the women that are past menopause must wait three months, but those three months are supposed to be in the husbands house. He is not allowed to put her out of the house, nor is she supposed to leave it before that time unless she has committed clear immorality. Please see surah AT-Talaaq (surah 65).
Question:
I heard from some of the common folk that the mother of one’s children cannot be divorced. Is this true? Do any of the scholars say this?
Answer:
Praise be to Allaah.
This view is false and has no basis in sharee’ah. I do not think that any scholar or seeker of knowledge could give a fatwaa expressing such a false view. The Qur’aan, Sunnah and scholarly consensus (ijmaa’) indicate that if a man divorces his wife, whether she is young, middle-aged or old, when she is “pure” (i.e., not menstruating) and he has not had intercourse with her, or she is pregnant and it is obvious that she is pregnant, then she is divorced. Allaah says of divorced women who are of child-bearing age:
“And divorced women shall wait (as regards their marriage) for three menstrual periods”
[al-Baqarah 2:228 – interpretation of the meaning]
Allaah says concerning divorced women who have passed through menopause:
“And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses…”
[al-Talaaq 65:4 – interpretation of the meaning]
Then He said concerning divorced women who are pregnant:
“And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they lay down their burden”
[al-Talaaq 65:4 – interpretation of the meaning]
If it is the third talaaq (divorce), then she is irrevocably divorced and it is not permissible for him to take her back until she has been married to someone else. If it is the first or second talaaq, then two witnesses should bear witness and he should take her back. Abu Dawood narrated in his Sunan via Yazeed al-Rashk from Mutarrif ibn ‘Abd-Allaah that ‘Imraan ibn Husayn was asked about a man who divorced his wife then had intercourse with her, and there were no witnesses when he divorced her or when he took her back. He said: he divorced her in a manner that was not according to the Sunnah and he took her back in a manner that was not according to the Sunnah. Bring witnesses when divorcing a woman or taking her back, and do not do that again.
Shaykh Sulaymaan ibn Naasir al-‘Alwaan (www.islam-qa.com)
#3 Guest_Amani S._*
Posted 06 September 2003 - 02:56 PM
Assalamu alaikum.....
My question was what if he does make her leave? If she didn't commit a clear act of immorality but he just says to leave. :oops: Sorry for being a pain :oops: .
Amani S.
My question was what if he does make her leave? If she didn't commit a clear act of immorality but he just says to leave. :oops: Sorry for being a pain :oops: .
QUOTE
My question is what if the husband refuses to support her and she has no family she can live with.
Amani S.
#4
Posted 06 September 2003 - 04:38 PM
Assalaam alaikum wa rahmatu Allahi wa barakatuh,
Then she needs to get the help of an imam or a scholar. He is violating Islamic law. The Muslims then should protect her and give her the assistance she needs.
She still cannot marry during the three months though, unless she was pregnant and delivered the baby after the divorce and before the three months is up.
If this is a real case, then this sister should contact the imam of her mosque or if she has a waly, he should be helping her too.
I'm also sorry I can't give more help, but it sounds like she really needs to contact a local imam of a mosque or scholar and get her rights.
Then she needs to get the help of an imam or a scholar. He is violating Islamic law. The Muslims then should protect her and give her the assistance she needs.
She still cannot marry during the three months though, unless she was pregnant and delivered the baby after the divorce and before the three months is up.
If this is a real case, then this sister should contact the imam of her mosque or if she has a waly, he should be helping her too.
I'm also sorry I can't give more help, but it sounds like she really needs to contact a local imam of a mosque or scholar and get her rights.
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