The waiting period counts once its time elapses
Fatwa No: 132939

Question

ASSALAM-O-ALAIKUM Respected Mufti Sahab!
I have a very serious problem to discuss with you.My husband divorced me thrice (verbally) in one sitting just 4 months back.I am a working lady.I am very ashamed that I did not follow the rules of iddah strictly as prescribed by the Shariah. Though I did not indulge in any immoral and bad activity nor I contracted marriage with anybody during the whole period of iddah but one mistake I commited is that I couldn’t confine myself within the boundaries of my house and went outside during my iddah due to my job and some other domestic reasons for which I am feeling very guilty today as I have gone through some Islamic material (after the completion of my Iddah) about the rules of Iddah and found myself deviating the rules as prescribed by Islam.I repent and admit my sin and Pray to ALLAH to forgive me. The period of iddah is over.Now what is the way to correct the past mistake?I again say that i am very much ashamed of my act of not following the rules of iddah completely.But when my eyes opened , the time was over.I did tauba full heartedly and asked ALLAH for forgiveness.But my heart is very heavy due to this sin.I want to ask what is the kafara of this mistake?Should I obseve the iddah again following shariah’s rules or the time is over as I passed the period of iddah.One thing more,keeping in view the whole scenario, can I marry someone else?Is it permissible as my iddah has been passed contradictory to the rules of shariah?Will my second marriage be Halal islamically.Please guide me and also pray for me.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

In principle, it is an obligation on the wife who is observing her waiting period from divorce, or for another legal reason, to stay at her husband’s home until her waiting period expires as Allaah Says (what means): {…do not turn them out of their [husbands’] houses, nor should they [themselves] leave [during that period] except in case they are guilty of some open illegal sexual intercourse…}[Quran 65:1]

Nonetheless, the jurists differed in opinion with regard to her going out during the day in order to fulfill her needs. The most preponderant opinion is that she is permitted to go out for a necessity during the day provided that she stays at her home during the night. Therefore, you are not sinful if you went out according to what we mentioned.

However, if you did some prohibitions that a woman is not permitted to do during her waiting period, then you must repent to Allaah for them and you are not obliged to expiate for them.

Moreover, if the time of the waiting period is already over, it is not made up again.  Also, if the waiting period is over in any manner, it becomes permissible for a woman to marry another man, and her marriage would be valid if it is concluded with the consent of the guardian and the presence of two witnesses.  

Allaah Knows best.

Related Fatwa