Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advice): Only request a Talaaq for a valid reason
Sayyiduna Thawbaan Radiyallahu anhu reported that Rasulullah sallahu alaihi wa sallam said, “Any woman who asks her husband for a divorce without a valid reason, the fragrance of Paradise becomes forbidden for her.” (Sunan Abi Dawud)
______________________________
Question and Answer:
- My husband gave me a Talaaq and I sat in Iddah. I got married to another man after two menstrual cycles. Is my Nikah valid?
- It is compulsory (Waajib) for a menstruating woman to observe the Iddah period of 3 complete menstrual cycles after she is issued with a divorce. During the Iddah, it is not permissible to get married to another man or to receive marriage proposals.
Accordingly, the Nikah performed during the Iddah period is invalid. A new Nikah will have to be performed after the Iddah period has been duly completed for both of you to be considered married in Islam. [Hindiyyah 1: 526]
And Allah Ta’ala Knows Best
Mufti Moosa Salie
Mufti Taahir Hansa
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)
Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
223 Alpine Road, Overport
Durban, South Africa
Tel : +27 (0) 31 2077099
Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za
