Where will a woman spend her ‘iddah after three divorces?

1. Where will a woman spend her ‘iddah after three divorces?

Question: What do Islamic scholars say about the following issue: Where will a woman spend her ‘iddah after the occurrence of three divorces? Is it obligatory for her to spend the ‘iddah in the husband’s house? Or can she stay at her parents’ house?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

In the ‘iddah of divorce or death, it is Wajib for a woman to perform ‘iddah at her husband’s house. She cannot leave her husband’s house and go to her parents’ house or any other place without the permission of Shari’ah. If the husband forcibly evicts her, then that is another matter and she will have to complete the ‘iddah in the house of her parents as per necessity. Remember that following one or two Talaaq-e-Ba`in[1] or Talaaq-e-Mughallazah[2], the woman will become a stranger to her husband and it will be obligatory according to Shari’ah to observe veil from her husband during the ‘iddah period. If it is not possible to observe veil by residing in the same house, then it is better for the husband to take up residence in another place until the end of the ‘iddah and allow the woman to spend the ‘iddah in that house.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

2. Can a woman travel a distance of 40 kilometres without a Mahram?

Question: What do Islamic scholars and Muftis of Islam say about the following issue: Can a woman travel a distance of 35 to 40 kilometres without any Mahram or husband for the purpose of some work?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

According to Zahir-ar-Riwayah[3] and the original ruling of the (Hanafi) school, it is unlawful and sinful for a woman to travel 92 kilometres or more without a Mahram or a husband. This is not the ruling for a day’s journey, meaning around 30 kilometres. However, there is also a narration from the Shaykhayn (Imam A’zam Abu Hanifah and Imam Abu Yusuf رَحْمَةُ الـلّٰـهِ عَلَيْهِمَا) that a woman cannot travel even for a day’s journey without a Mahram or a husband, and the jurists, due to the corruption of this era, (on the basis of سداً للذرائع [Sad-Al-Zara’i][4]) have also given a fatwa on this narration. Thus, now a woman cannot travel even on a day’s journey without a Mahram or a husband, it is prohibited by the Shari’ah.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم



[1] Irrevocable divorce by use of ambiguous words.

[2] Irrevocable divorce by issuing Talaaq thrice in one sitting.

[3] Collection of the rulings of the imams of the Hanafi school of thought contained in six books of Imam Muhammad Bin Hasan Al-Shaybani.

[4] Prohibition of what may lead to committing sins

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