Divorce idda of women without rukhsati.
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:
PLEASE CLEAR MY DOUGHT ON THIS MATTER..
IF A WOMEN IN NIKAH BUT STILL LIVE WITH HER PARENTS AND HER HUSBAND WHO DIDNT EVEN TOUCH HER GIVE DIVORCE THAN IT WILL BE NECESSARY FOR HER TO DO IDDAH. WITH THANKS. WAITING FOR YOUR REPLY. MAY ALLAH BLESS YOU.
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
Divorce idda of women without rukhsati
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.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 228:
228 Divorced women shall wait concerning themselves for three monthly periods; nor is it lawful for them to hide what Allah hath created in their wombs if they have faith in Allah and the Last Day.
If the nikaah has been performed between a couple, even if the bride has still not moved in with her husband and happens to live with her parents..if the married couple have met in absolute privacy even only once and had a chance to consummate their marriage.the absolute majority of the scholars and jurists in Islam are of the opinion that if the husband were to pronounce a divorce upon his wife, the wife should fear Allah and fulfill her waiting period or iddah of divorce as prescribed.
Allah Says in the Holy Quran Chapter 33 Surah Ahzaab verse 49:
49 O ye who believe! When ye marry believing women and then divorce them before ye have touched them no period of Iddah have ye to count in respect of them: so give them a present and set them free in a handsome manner.
If a nikaah has been performed between the couple, and the husband and the wife never met in absolute privacy, nor had a chance to consummate their marriage at any time..then indeed if the husband pronounces a divorce upon his wife, she is not required in Shariah to fulfill her waiting period of iddah.
Whatever written of Truth and benefit is only due to Allahs 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,