A man married to a foreign Christian womanwho has an inclination
towards Islam. But Allah has willed that we should separate. My
question is: is the kitaabi(Jewish or Christian) woman required to
observe 'iddah and do I have to impose it on her if she refuses to
observe 'iddah? There is a secondproblem, which is that I am living in
her house and I do not have any other accommodation togo to. What is
the Islamicruling concerning that?.
Praise be to Allaah.
Firstly:
The kitaabi (Jewish or Christian) wife should observe 'iddah
followingdivorce or death of the husband, just like the Muslim woman.
It says in al-Mawsoo'ah al-Fiqhiyyah (29/336): The Hanafis, Maalikis,
Shaafa'is and Hanbalis, as well as ath-Thawri and Abu 'Ubayd, are of
the view that the kitaabior dhimmi woman is required to observe 'iddah
in the event of divorce, annulment of the marriage or death ofthe
husband, just like the Muslim woman, because of the general meaning of
the evidencethat the 'iddah is required, and no differentiation is
made between them on condition that the husband is Muslim, because the
'iddah is required and is a duty towards Allah and towards the
husband. Allah, may He be exalted,says (interpretation of the
meaning):
"O you who believe! When you marry believing women, and then divorce
them before you have sexual intercourse with them, no Iddah (divorce
prescribed period, see have you to count in respect of themem"
[al-Ahzaab 33:49].
So this is his right, and the rights of humans arealso due from the
kitaabi and dhimmi wife. So she is required to observe 'iddah and she
should be compelledto do so, because of the rights of the husband and
child (if she is pregnant), because she is one of those who are
required to fulfil the rights of others. End quote.
Secondly:
Living with a wife who is observing 'iddah varies according to the
type of divorce. If it is a revocable divorce (first or second
talaaq), then there is nothing wrong with it, because the revocably
divorced wife comes under the same ruling as one who is still a wife.
But if it was the final, irrevocable talaaq, then she is a non-mahram
and in that case it is not permissible to look at her or be alone with
her.Undoubtedly their staying in the same house will make it difficult
to adhere to these shar'i guidelines ofnot being alone with herand of
her observing hijab in front of him, as she should do in front ofall
non-mahrams. However, if the house is spacious and it is possible to
allocate one part for him, with a separate entrance and separate
facilities, (then it may be possible for them to live in the same
house). But if they are both in the same house, sharing the same
entrance and facilities, then it is very difficult to avoid the
forbidden matters mentioned above.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:The
thrice-divorced woman is a non-mahramto the man and is like any other
non-mahram woman, so the man doesnot have the right to be alone with
her just as hedoes not have the right to be alone with any other
non-mahram woman; he does not have the right to look at her except
what he may look at of any other non-mahram woman.
End quote from al-Fataawa al-Kubra, 3/349
The irrevocably-divorcedwoman is the one who has been divorced three times.
As for the one who has been divorced once or twice, and her 'iddah has
ended without the husband taking her back, she is not permissible for
her husband except with a new marriage contract.
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