The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No. 2153- If a woman becomes certain that her husband has died, and marries another man after completion of ‘iddah of death, and later on learns that her husband had died later, she should be divorced by her second husband. And the obligatory precaution is that if she is pregnant, she should observe ‘iddah of divorce as explained earlier for the second husband, and thereafter she should observe ‘iddah of death for four months and ten days for the first husband. In case she is not pregnant, she should observe ‘iddah of death for the first husband and then observe ‘iddah of divorce for the second husband.

Issue No. 2154- If the husband of a woman has disappeared and then she comes to know that he has died [she is not sure of the exact time of death], the ‘iddah of death commences from the time the woman is informed about his death.

Issue No. 2155- If a woman says that her ‘iddah is over, her word can be accepted, if she is not liable to lying rather indeed the obligatory precaution is that she should be reliable.

Issue No. 2156- Divorces are of two kinds: irrevocable divorce and revocable divorce.Irrevocable divorce means that after the divorce, the husband is not entitled to re-join his wife without a new marriage contract. This divorce is of five kinds:(i) The divorce of a woman who has not completed nine years of her age.(ii) The divorce of a woman who is in menopause, i.e., a woman who is over 50 years of age [1].(iii) The divorce of a woman whose husband has not had sexual intercourse with her after their marriage.(iv) The third divorce of a woman who is divorced three times.(v) The divorce called khul‘ and mubārāt which will be explained later.Divorces other than these are revocable in the sense that as long as the wife is observing ‘iddah her husband can re-join her.

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Issue No. 2157- If a man has given revocable divorce to his wife, he cannot expel her out of the house in which she was residing at the time of divorce, except in certain cases, details of which have been explained in detailed books of jurisprudence). It is also haram for the wife to go out of that house for an unnecessary matter without the man’s consent.

Issue No. 2159- It is not necessary for 'return' to take place for the man to call any person to witness or inform his wife. If he says, “I have re-joined my wife”, the 'return' is in order, even if no one comes to know about it.

Issue No. 2159- It is not necessary for 'return' to take place for the man to call any person to witness or inform his wife. If he says, “I have re-joined my wife”, the 'return' is in order, even if no one comes to know about it.

Issue No. 2160- If a person takes some money from his wife and makes a compromise to the effect that he will not return to her, or that he would not be entitled to return to her, it will not suffice and the right to return is not forfeited.

Issue No. 2163- The obligatory precaution is that the formula of Khul’ divorce should be as follows:If the husband himself wishes to pronounce the formula of khul‘ divorce and his wife’s name is, say, Fatima, he should say after receiving the property:زَوْجَتِي فاطِمَةُ خَلَعْتُها عَلي ما بَذَلَتْ هِىَ طالِقٌ“Zawjatī Fatimatu Khala‘tuhā ‘Ala Mā Badhalat Hīya Ṭāliq”“I have divorced my wife Fatima in return of what she has given me, and she is free”In case, his representative wants to pronounce the formula, the obligatory precaution is that a person should be appointed by the woman on her behalf as her representative and another one on behalf of the man. If the husband’s name is, say, Muhammad and the wife’s name is Fatima, the woman’s representative should say:عَنْ مُوَکِّلَتِي فاطِمَةَ بَذَلْتُ مَهْرَها لِمُوَکِّلِکَ مُحَمَّد لِيَخْلَعَها عَلَيْهِ“‘An Muwakkilatī Fatima Badhaltu Mahrahā Li Muwakkilika Muhammad Li Yakhla‘ahā ‘Alayh”Then the man’s representative should immediately say:زَوْجَةُ مُوَکِّلِي خَلَعْتُها عَلي ما بَذَلَتْ هِىَ طالِقٌ“Zawjatu Muwakkilī Khala‘tuhā ‘Ala Mā Badhalat Hīya Ṭāliq”(In case the wife gives something other than mahr to her husband, the name of the same thing should be mentioned at the time of pronouncing the formula).

Issue No. 2165- The obligatory precaution is that the formula of mubārāt divorce should be pronounced as follows:If the husband himself pronounces the formula and his wife’s name is Fatima, he should say:بَارَأْتُ زَوْجَتي فاطَمَةَ عَلي ما بَذَلَتْ فَهِىَ طالِقٌ“Bāra’tu Zawjatī Fatima ‘Alā Mā Badhalat Fahīya Ṭāliq”(My wife Fatima and I separate from each other in consideration of what she has given me, hence, she is free)(In case, she gives something other than mahr, the name of that thing should be mentioned). If the man’s representative wants to pronounce the formula, he should say:بَارَأْتُ زَوْجَةَ مُوَکِّلي فاطِمَةَ عَلي ما بَذَلَتْ فَهِىَ طالِقٌ“Bāra’tu Zawjata Muwakkilī Fatima ‘Ala Mā Badhalat Fahīya Ṭāliq”Of course, the wife should have already given her mahr or something less than that to her husband for the divorce.

Issue No. 2166- The obligatory precaution is that the formula of khul‘ or mubārāt divorce should be pronounced in correct Arabic. However, if in order to give her property to her husband the woman says in English [for example]: "I will give you such and such property in return of the divorce" it is sufficient.