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Fatwa CenterHer husband divorced her one week after her miscarriage
Question
assalam,I live in uk and got married in India and came back alone due to visa restrictions and after coming back i found that i was pregnant.when i was 11 weeks pregnent i had miscarriage and one week later my husband divorced me. what i want to know is what will be my iddah period and i heard from some friends it will be 3 cycles but i have polysystic ovaries syndrome because of this problems my periods are not regular. some times i get my period once in 3 months so please help me out to know what would be my iddah period as i lost my baby recently i do not have any chances of being pregnent. to my understanding iddah is observed to rule out whether the wife is preganat with his baby or not. In my case he divorced me just after a week of my miscarriage and we are living separately from 3 months. so please kindly let me know how many months should i wait in this situation to get married again?I am in uk and he is india since 3 months.please help me out
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.
Your waiting period, dear sister, is three menses, because the waiting period of a woman who is separated from her husband in his life, whether with divorce, invalidation of marriage or Khul’, is three menses if she is a woman who has menses and she is not pregnant, as Allaah Says (what means): {Divorced women shall remain in waiting [i.e. do not remarry] for three menstrual periods.}[Quran 2:228]
The fact that your periods are not regular do not change the ruling; so you should wait until you have three menses since your husband divorced you, then if you become pure from the third menses, your waiting period expires and it becomes permissible for you to remarry. Even if you only had menses once in three months, your waiting period does not expire until you observe three menses. If you had blood discharges after the miscarriage, then this bleeding is not considered among the three menses whether it is said that it is post-partum bleeding or abnormal bleeding. Besides, if your husband divorced you while you were in menses, then this menses is not considered from the three menses [that you are obliged to observe]. The fact that you live far from your husband does not negate the right of your husband about you observing the waiting period. Therefore, you should observe it even if he is far from you.
For more benefit, please refer to Fataawa 83672, 85417, 90741 and 89589.
Allaah Knows best.
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