Wife spending her iddat at the husband's house after divorce
Question
If a divorce is given, does the wife have to leave the husband's house?
Answer
No, the wife should spend her iddat in the home of the husband.
If the husband issued a talaaq rajee (revocable talaaq), then he can make ruju (and revoke the talaaq). Hence, it is permissible for her to dress up in an attractive manner to win his heart and encourage him to make ruju if she is interested in continuing with the nikaah.
If the husband issued a talaaq baain (an irrevocable talaaq), then in this case, it is not permissible for him to revoke the talaaq and take her back in his nikaah. However, if they both wish to reunite, then a new nikaah will have to be performed with a separate mahr.
Therefore, in this case, after the husband issues the talaaq baain, the wife should spend her iddat in the home of the husband but there should be some type of segregation between herself and her husband.
Nevertheless, if there is fear that the husband will commit sin with her during the iddat period or there is fear that he will abuse her, then it is permissible for her to move out of his house and spend iddat in her parent's house.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/36417
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-36417
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