Womens Corner

Mufti Qasim Attari

1. If a husband does not allow the waiting period (iddah) to take place

Question: What do the honourable scholars state regarding this issue; my brother divorced his wife and said that she should be left at her parental home. He is not allowing her to stay in his home, and for two days, she stayed on the bottom floor at the house of her brother-in-law. After this, the family of the wife took her with them, as the ex-husband was stopping her from performing iddah (waiting period). In this situation, is the financial expenditure of the iddah incumbent upon the ex-husband or not?

Answer:

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃ الْحَقِّ وَالصَّوَابِ 

In the situation described, the female in question will have the expenditure of her iddah covered by her ex-husband, and this is necessary upon him to do so.

Detailing the specifics of this, it is compulsory for a divorced woman to spend the time span of her iddah in the home of her ex-husband. During this time, the financial costs related to her living there are all to be covered by the ex-husband, and this is incumbent upon him. However, if the iddah is spent in another place, then until she returns to her ex-husband’s home, she will be considered disobedient (to Islamic laws), and also will not be entitled to the financial expenditure of the ex-husband.

However, if the ex-husband himself is removing her from the home and not allowing her to perform iddah thereupon, and she is forced to perform it elsewhere, then she will not be considered disobedient. Furthermore, the financial expenditure of the iddah is still compulsory upon the ex-husband, and he is also sinful for forcing her out of the home. As long as a divorced woman remains in iddah, it is necessary (Wajib) for the ex-husband to allow her to remain in the same home she lived in before the divorce.

Keep in mind, after three divorces, a woman becomes Haraam upon a man. In this case, the same rules of veiling will apply between them as are found between unacquainted men and women.

وَاللہُ اَعْلَمُ  عَزَّوَجَلَّ  وَ رَسُوْلُہٗ اَعْلَم  صلَّی اللہ علیہ واٰلہٖ وسلَّم

 

2. Regarding the state of Wudu during breastfeeding

Question: What do the honourable scholars say regarding this issue; if an Islamic sister is breastfeeding a child, will this action break her Wudu? If this does not break her Wudu, can she perform Salah etc., after having finished breastfeeding the child?

Answer:

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃ الْحَقِّ وَالصَّوَابِ 

Breastfeeding a child does not invalidate the Wudu of a woman. In explanation, the honourable jurists of Islam have listed all such actions which incur the breaking of Wudu in light of Quran and hadith. From amongst these, breastfeeding a child is not included. As such, if a woman breastfeeds a child in the state of Wudu, she is able to perform Salah etc. afterwards, and there is no harm in doing so.

وَاللہُ اَعْلَمُ  عَزَّوَجَلَّ  وَ رَسُوْلُہٗ اَعْلَم  صلَّی اللہ علیہ واٰلہٖ وسلَّم

 


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