Fatwa: # 19380
Category: Divorce
Country: South Africa
Date: 28th July 2011

Title

I am 9 month pregnant. I have taken khula from my husband which was done this month. I have been living with my parents for 7 months. Pls tell me if iddat is farz on me and if so, how long?

Question

mufti sahib mera sawal ye he k me 9 maheny pet se hun ur mene apny shohar se kuch namusib wujoohat ke wajha se khula leya he jo ise maheeny hua he. me 7 maheeno se apny waldeen ke pass hun. mujhy ye btaen k mujh pr idat farz he ya nahe. agar he to ktna arsa.

I am 9 month pregnant. I have taken khula from my husband which was done this month. I have been living with my parents for 7 months. Pls tell me if iddat is farz on me and if so, how long?

Answer

Assalāmu `alaikum Warahmatullāhi Wabrakatuh,

If the husband gives talaaq, or dies, or the woman takes khula from the husband, then Iddat becomes fardh for a woman. Your Iddat will start from the time khula was finalized. Since you are pregnant the iddat will be until the birth of the child. After the birth of the child you will no longer be in iddat. ( Bahishti Zewar, Vol 4. Pg 62 ; Fatawa Hindiya 1/528 )

Agar koi khawand apni biwi ko talaq de, ya faut ho jaye, ya biwi khula le lay, to us aurat par iddat fardh hai. Aap ki iddat khula kay waqt wuqoo se ho gee. Chonkeh aap haamila hain, aap ki iddat hamal ke payda honay tak rahe gi. Bachay ki peydayesh keh saath hi aap ki iddat khatam ho jayegee.

 

وَعِدَّةُ الْحَامِلِ أَنْ تَضَعَ حَمْلَهَا
الفتاوى الهندية ، دار الفكر ، 1/ 528

 

And Allah Ta’āla Knows Best

Mawlana Faisal bin Abdul Hameed
Student, Darul Iftaa
Canada

Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net

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