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Saturday, May 4, 2013

Dought & Clear, - She does not have a place to live; where should she observe ‘iddah following khula‘?.

If a Lady want khula from her husband and her parents are not
supporting her on that decision.and she has notintercourse with her
husband over a year.if she took Khula from her husband.and she has no
place to live for 3 months to spend her iddah.Her husband after khula
and her parents are not willing to keep her because they were against
her decision of khula and no one in relative is willing her to stay
with them.if she recieve a marriage proposal from another guy my
question is that in this hard time when she has no place to go.Can she
marry again with another man without sitting in iddah and spend 3
months without having any sexual relation with him in his house?
Praise be to Allah.
Firstly:
There is a difference of scholarly opinion concerning the length
of'iddah following khula'. What we state in our fatwas on this website
isthat it is one menstrual cycle, as explained previously in the
answerto question no. 5163
If the woman menstruates following khula' then becomes pure, then her
'iddah has ended and it is permissible for her to get married; she
does not have to complete three months or three menstrual cycles
according to this opinion.
Secondly:
It is not permissible for the woman to get married during the 'iddah
at all, not under any circumstances, whether the husband consummates
the marriage with her or not. If this marriage contract is done, then
it is invalid and haraam, because Allah, may He beexalted, says
(interpretation of the meaning):
"… nor resolve on the tieof marriage till the term prescribed is fulfilled."
[al-Baqarah 2:235]
i.e., do not do the marriage contract with awoman who is observing
'iddah until her 'iddah has ended.
Ibn Katheer said: The scholars are unanimously agreed that the
marriage contract during the 'iddah is not valid.
End quote from Tafseer Ibn Katheer, 1/640
Ibn Qudaamah said: If (a man) marries a woman who is still observing
'iddah, and they are both aware of the 'iddahand the prohibition on
marrying during the 'iddah, and he has intercourse with her, then they
are zaanis (fornicators).
End quote from al-Mughni, 8/127
Thirdly:
The basic principle is that the woman who is irrevocably divorced or
separated by means of khula' should observe 'iddah in her family's
house. If that is not possible, then she may spend the 'iddah period
in any accommodation where she will be safe.
If her (ex-)husband givesher permission to stay intheir marital home
until the 'iddah ends, there is nothing wrong with her staying there,
on condition that she is safefrom him and has accommodation that is
completely separate from him.
Ibn Qudaamah said: The woman who is irrevocably separated bymeans of
annulment or divorce (talaaq) may observe the 'iddah wherever she
wants.
End quote from al-Kaafi, 3/207
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