How is the waiting period (iddah) delayed after the divorce is confirmed, and what about neglecting a revocable divorce, concerning which perhaps Allah may bring about a new matter? And is the judge sinful for not giving the spouses an opportunity within the marital home? And is he who follows him sinful?
If the judiciary is man-made (secular), then its divorce pronouncements are not to be considered. If it is religious (Shariah-based), then it is more knowledgeable in observing the Shariah rulings. The Shariah encourages reconciliation between spouses, whether through a third party such as a Shariah judge or wise individuals. The judge may issue a khulʿ (divorce at the wife's instance) for the sake of expediency, even during menstruation. A divorce issued by a judge's ruling begins its ʿiddah (waiting period) from the date of the ruling and is considered irrevocably binding (bāʾin), after which the husband has no right to take her back. A judge's ruling resolves disputes in matters open to ijtihād (independent reasoning), and the rights of a divorced woman are well-known and expounded in fiqh (Islamic jurisprudence).
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/152315
- Source platform
- Ftawy
- Original fatwa ID
- 152315
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy