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Question:
I would like to know if a wife is divorced in the
following situation:
The husband is not allowed near the house of her
parents where they stayed together, because he said his next step is intention
of Talaaq.
He gives a written Talaaq (e-Baain) to her brother,
who phoned the mufti, and read the Talaaq to him. The mufti phoned the wife
and said she must sit Iddah, the husband divorced her. She did not complete
the whole cycle, only two and a half of her cycle, but the husband hasn't
taken her back at all or intended any reconciliation. He now married someone
else.
Are they still married or is she out of his Nikah and
can marry someone else now?
I would appreciate it if you could help me with this
question.
Jazakallah
Answer: Fatwaa no. 120/07
In the above mentioned scenario a Talaaq-e-Baain has taken place the moment he wrote out the Talaaq. And if the complete period of Iddah has passed then she is out of his Nikah and is free to marry someone else even though she has not secluded herself for the entire stipulated period. The main thing to consider is the passing of the Iddah time whether she was in seclusion or not. And Allah Ta’ala knows best Mufti Muhammad Ashraf Darul Iftaa Jameah Mahmoodiyah Springs 22 June 2007 06 Jumaaduth Thaani 1428 |
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