Question:
asalaamu aalaikum.. I got divorced in September and I would like to know when does the iddat period start and end?.. I already passed one menses after my talaq.. Also another question is that is it haram if I come out my house during that iddat period? (Query generalized).
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
Upon the husband’s death, or divorce, or the termination of the marriage through Khulaʿ, or the annulment of the marriage by some other manner, the woman has to remain staying in one house for a specified period of time. Until this period expires, it is not permissible for her to go elsewhere. The act of passing this period is called ʿIddah.
If the ʿIddah, or waiting period, is observed following the death of the husband, it is called ‘The ʿIddah of Death’. If observed following Ṭalāq (divorce), Khulʿ (divorce at the instance of the wife) or for some other reason, it is called ‘The ʿIddah of divorce’. There are some differences in the rules and periods of the two types of ʿIddah.
Object
The primary object of ‘Iddah is imposed to ascertain whether the woman is pregnant so that the paternity of the child that may be born to her after the death of her husband or the dissolution of her marriage may be determined. Another object is due to the close and important relationship between the husband and wife, in the case of a deceased husband the shari’ah has imposed upon the wife to observe mourning and express sorrow during the period of ‘iddah. This serves as a mark of respect for the de- ceased husband.
Iddah of Divorce
When the husband divorces his wife, she will have to spend her ʿIddah in the matrimonial home. She must not leave the house during the day nor at night, nor can she make Nikāḥ with anyone else. Once she completes three Hayd(menses) periods, her ʿIddah will be complete and she can now stay wherever she wishes. This rule will apply irrespective of whether the man issued one two or three divorces, and irrespective of whether he issued a Talaq Bā’in (irrevocable divorce) or a Talaq Rajʿī (revocable Ṭalāq). The same rule will apply in all cases.
In the enquired case, 3 menses will be counted after the divorce occurred in September. Upon the completion of the 3 menses, Iddah will be completed.
The ʿIddah for divorce is only compulsory on the woman who is divorced after her husband had engaged in sexual intercourse with her or, they did not engage in sexual intercourse but they met in privacy and thereafter her husband divorces her. If they did not meet in privacy and the person divorces her, she does not have to observe the ʿIddah.
If a young girl who had not experienced Ḥayḍ, or an old woman whose Hayd had terminated is divorced, then their ʿIddah will be three months.
If a woman is pregnant and her husband divorces her, she will have to remain in that house until she delivers her child. When she delivers her child, her ʿIddah will expire even if she delivers her child a few days after being divorced.
If a woman is divorced while she is in her Ḥayd (menses), this Ḥayḍ will not be considered. Her ʿIddah will be complete up on the expiry of three Ḥayḍ periods after the Hayd that she is presently experiencing. However, it should be noted that it is disliked to divorce a woman while she is in her Hayd
If she is observing her ʿIddah in the same house wherein the man who issued a Ṭalāq Bā’in (irrevocable divorce) to her is also living, she will have to observe strict Pardah with him..
The maintenance and providing of shelter for a woman while she is observing her ʿIddah of divorce are wājib on the very man who divorced her.
Leaving the Home Due to Necessity
It is compulsory upon the divorcee or widow to complete the ʿIddah in the same home which was her permanent residence at the time of divorce or her husband’s demise. However, if does not have enough money to pay basic needs, shelter and food, she will be excused to leave the house during daytime to work. She should ensure that she adheres to the laws of Hijab and spends the nights at her house. It is also imperative that during the day, she returns home immediately upon being free from her work. Spending any time outside the house over and above that which is necessary is not permissible.[1]
Many widows and divorced women do not observe the laws of ʿIddah. Going out openly, without a necessity and attending social functions etc. are activities undertaken in absolute disregard to this injunction of the Shariah. That is a major sin.
And Allah Ta’āla Knows Best
Mufti Arshad Ali
Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)
www.fatwa-tt.com /www.jaamia.net
[1] Rulings of Iddah by Mufti Ebrahim Desai (Rahimahullah).