Divorced lady staying in her ex-husband’s house after ‘iddah
Question
Salaam. Is it permissable for a woman to still live in the same house as her ex husband after she has done her iddah period? Is this not unlawful according to Sharia? Is this man and woman not sinning? There is no sexual relations going on between the man and his ex wife. This man has a new wife and its very uncomfortable for her to have a strange woman there. It is causing many problems in her marriage. Shukran.
Answer
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh
When the ‘iddah of a divorcee ends, her nikaah with her husband is completely terminated. They are no longer husband and wife. They are strangers (ghair mahram) with each other. They have to observe the laws of hijaab from each other. It is not permissible for the divorcee to stay in the same home of her ex-husband. Staying with him is clear violation of the laws of hijaab[1].
And Allaah Ta’aala Knows Best.
Muajul I. Chowdhury
Student, Darul Iftaa
Astoria, New York, USA
Checked and Approved by,
Mufti Ebrahim Desai.
References (Arabic / Urdu sources)
[1] فتاوى محمودية (18/ 418)
البحر الرائق (2/ 551)
ولهذا تحرم الخلوة بالاجنبية وإن كان معها غيرها من النساء، والمحرم من لا يجوز له مناكحتها على التأبيد بقرابة أو رضاع أو مصاهرة
الدر المختار شرح تنوير الأبصار وجامع البحار (ص: 655)
وفي الاشباه: الخلوة بالاجنبية حرام
- Answered by
- Muajul I. Chowdhury
- Checked & approved by
- Mufti Ebrahim Desai
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