Clarify Divorce and Iddah
I have a few questions regarding iddah and divorce that I need clarification in. If the couple is going through Divorce, should they fill out the divorce forms during or after the iddah period? If they fill it during, and in the case that it is reconciled before the iddah is over, then they would have to get remarried?
Secondly, If Eid falls within the iddah period, is the woman allowed to go for Eid prayers?
Thirdly, what is the woman allowed to do during the iddah? The woman works and needs to work due to OSAP loan repayment. Can she go to attend al maghrib courses during the iddah?
Also, if the woman has very irregular menstrual cycles (i.e.. gets her menstruation every two months) does she wait for three menstrual cycles (i.e.. 6 months) or three thirty day months?
If you can clarify, I would really appreciate it.
The papers can be filled out anytime; the most important thing is about the validity of the divorce which happens when the man utters, writes… the words of divorce.
If a man divorces his wife a revocable divorce and wants to take her back before her I’ddah is over, he can take her back by saying so. Having intercouse with her during her I’ddah with the intention of taking her back is also valid. She technically becomes his wife without having to draft a new contract. But if her I’ddah is over, then they would need a new marriage contract. There’s a disagreement between scholars regarding taking the wife back by merely touching with desire. Imam Malik is of the opinion that it is valid provided the husband’s intention is to take the wife back. However, Abu Haneefa, Ashafi’i and Imam Ahmad are of the opinion that
it is not, and that is the correct opinion, and Allah knows best.
A woman can go for Eid prayers, take care of her necessities… with her husband’s permission during her divorce.
If the woman is pregnant during the divorce, then her I’ddah lasts until she delivers regardless of the time. If she’s in her first month of pregnancy, then she had to wait for 8-9…months, until she gives birth. If she got divorced in the morning, and she gave birth in the evening, then likewise, her I’ddah is over after giving birth.
Allah says in Surat At-Talaq, verse 4: “And for those who are pregnant, their I’ddah (prescribed period) is until they lay down their burden”.
If the woman is not pregnant and she menstruates, then her I’ddah is three complete menstrual cycles after the divorce regardless of whether the time between them is long or short. If she’s divorced and she is breastfeeding and does not menstruate until two years later, then she remains in I’ddah until she has had three menstrual cycles. Allah says in surat Al-Baqara, verse 228: “And divorced women shall wait for three menstrual periods”.
And Allah knows best
Sh. Riad Ouarzazi
