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Staying with husband after divorce

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Question

As salamu alaikum. If a women is irrevocably divorced but still living with her husband in the same house does it make the women’s prayers invalid? The man can see the women without hijab in household cloths. Then she makes wudu and performs salah by covering her body and head except for her face and hands. If the man sees her hair after wudu or sees her during offering salah, does it invalidate her prayers? Moreover, the woman is sick and also has a little baby. So she cannot go for job. So the husband is providing money for her living and let her stay in the same house because he wants to be with the baby. The woman has nowhere else to live in that country and cannot work. Is taking money from the man halal for the women? He is giving it voluntarily.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

If a woman has been an irrevocably divorced, she cannot live with her ex-husband in the same house after the expiry of her iddat. However, Salah performed in that house is valid. [i]

The excuse of the father to be with the baby in the same house is not valid. The laws of Shar’iah cannot be violated for one’s convenience.

The father of the child is responsible to maintain the child and provide shelter for the mother of the child. If he does not do so, he will be sinful.

The woman should seek outside assistance for shelter and maintenance.

 

In the query, you refer to irrevocably divorced. What do you mean by it irrevocably divorced?

  • If you meant, one irrevocable divorce (one talaq-e-baain), then the ex-husband and wife may reconcile if she was not issued two divorced before.
  • If you meant three irrevocable divorces (three talaq-e-baain), which is termed as Talaaq Mughallazah i.e. a permanently irrevocable divorce. In this instance, they cannot reconcile. They are Haraam upon each other and they should live separately.[ii]

And Allah Ta’āla Knows Best

Mirza Mahmood Baig

Student Darul Iftaa

Jeddah, KSA

Checked and Approved by,
Mufti Ebrahim Desai.

 


[i]  فتاوى قاسمية: 15/89-104، باب طلاق البائن

 

كتاب النوازل: 9/413، 316-318

 

 

[ii]  فتاوى محمودية: 18/418-421، تین طلاق کے بعد شوہر کے ساتھ رہنے کی بحث

 

 

الخلوة بالأجنبية حرام : الدر المختار: 

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