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Fatwa: What Would the Iddah Period be?
A: Being separated f rom the husband bef ore the pronouncement of divorce does not in any way remove the requirement that is the ‘Iddah period. Allah linked the ‘iddah with divorce itself and not with separation. As Allah said:

“Divorced women remain in waiting for three periods.”[1]

T his was also the practice of the Prophet (peace be upon him). It should be noted that divorce is of two types; Revocable and irrevocable. Revocable divorce is the f irst or second divorce within the ‘Iddat period. As Allah said:

“Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.”[2]

In this case the status of the divorcee is that she remains a wif e to her husband which means that he does not need her consent to take her back. She is his wif e during this period and she inherits f rom him if he was to die, as does he f rom her if she was to die during this period. If the ‘Iddah period ceased then the husband can resume his marriage with his wif e but with a new Nikah which requires all the prerequisites and conditions of a new Nikah namely the consent of the f emale and her Wali (guardian), Mahr (dowry) and witnesses. T he irrevocable divorce is the third divorce irrespective of the ‘iddah period, in this scenario the divorce is f inal and the husband cannot resume the marriage with the same wif e until af ter she is married to a husband other than himself and thereaf ter divorced. Allah said:

“And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him.”[3]

T heref ore, the ‘iddah period is a period sanctioned by Allah f or reconciliation; it is an opportunity f or marriage ties between both parties to continue according to the details above. T his ruling is one that is unanimously agreed upon by jurists of all the Madhabs (Schools of legal thought). Allah the Exalted knows best. Notes: www.islam21c.com Sources: Islam21c requests all the readers of this article, and others, to share it on your facebook, twitter, and other platforms to further spread our efforts. [1] 2:228

[2] 2:229 [3] 2:230

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