'Iddah starts directly when the husband utters divorce

9-2-2014 | IslamWeb

Question:

I live in USA..and My husband lives in Pakistan. Actually i went to Pakistan last year in August 2013 and took a Divorce from Him. and now we really need to do patch up again.. He signed the Divorce paper on 4th October 2013. and On my Divorce paper the Date is mentioned of 25th September 2013.. and the Union Council they Registered my Divorce paper on 25th October 2013. I called the Union Council and the Lawyers twice to make confirm when my "Iddat" will be over? they said, As the Pakistan Islamic Law Says, i have to follow the date 25th October 2013 for my "Iddat" when they Reistered.. Not 25th September. so my question from you is.. Do i have to follow the date 25th October 2013 for my "Iddat" as they said?? or i have to see 25th September 2013..!! i want to take fatwa in this matter. and its really urgent. i don't want to waste my time if i still have my "iddat" period till 25th January 2014 (3 months). i want to go back to Pakistan to my husband for the patch up before the time ends..

Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His Slave and Messenger.

The ‘Iddah (post-divorce waiting period) starts from the moment the divorce is effectuated when the husband utters the words of divorce; this is explained in Fatwa 86952. The registration of the divorce document with the state authorities or any other authority is not a condition to the effectuation of the divorce, and it has nothing to do with the beginning of the ‘Iddah.

We do not know what exactly drove the Union Council to consider the 25th of October, 2013, when the divorce was registered, as the beginning of the ‘Iddah instead of the 25th of September. There may be a valid justification for that. We advise you to contact the Union Council again so as to clarify the matter or refer your case to the Sharee'ah court in your country.

We would like to point out that if a divorced woman menstruates (gets her monthly period), then her ‘Iddah is three complete Quroo' (plural of Qar', i.e. menstrual period). Allaah says (what means): {Divorced women remain in waiting for three periods...}[Quran 2:228] According to the Hanafis, the Qar' means entering from the state of cleanness into a state of menstruation (i.e. the 'Iddah ends when the third menstruation period ends). Imaam Al-Kaasaani  may  Allaah  have  mercy  upon  him wrote: "Scholars held different opinions regarding the calculation of the ‘Iddah, whether it is three menstruation periods or three intervals of purity in-between menstruation periods. The Hanafis count three separate (complete) menstruations, with two intervals of purity in between, while the Shaafi‘is count three intervals of purity..." [Badaa'i‘ As-Sanaa'i‘]

For more benefit, kindly refer to Fataawa 90056 and 82541.

Allaah Knows best.

www.islamweb.net