Some Etiquettes of Dua` and ... Date Added: 15-02-2024

The Objectivity of the ... Date Added: 14-02-2024

Methods of Prevention and ... Date Added: 13-02-2024

What is Recommended for the ... Date Added: 12-02-2024

The Increase over Eleven ... Date Added: 22-02-2024

Allah Intends every ... Date Added: 21-02-2024

The Precious Jewel: ... Date Added: 20-02-2024

Why do we Celebrate Prophet ... Date Added: 18-02-2024

Search Fatawaa


Subject : Ruling when Woman Observing Iddah Travels for a Necessity

Fatwa Number : 3756

Date : 26-03-2023

Classified : (Iddah (waiting period after divorce or death

Fatwa Type : Search Fatawaa


Question :

What is the ruling of Sharia when the woman observing Iddah, after divorce or death of husband, travels for a necessity?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

Scholars of the four schools of Islamic thought are agreed that a woman whose husband has passed away is required to observe her Iddah (Waiting period that a Muslim woman observes after the death of her husband or after divorce) in the house where she was living with her husband when she received the sad news of his passing away. This is regardless of whether the house is rented or owned by the husband. The evidence on this is that Allah the Almighty says {what means}: "…. and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness." {At-Talaq, 1}.

Another evidence is that Zaynab, daughter of Ka'b ibn Ujrah narrated that Furay'ah daughter of Malik ibn Sinan, told her that she came to the Messenger of Allah (Peace be upon him) and asked him whether she could return to her people, Banu Khidrah, for her husband went out seeking his slaves who ran away. When they met him at al-Qudum, they murdered him.So I asked the Messenger of Allah (Peace be upon him):

"Should I return to my people, for he did not leave any dwelling house of his own and maintenance for me? She said: The Messenger of Allah (Peace be upon him) replied: Yes. She said: I came out, and when I was in the apartment or in the mosque, he called for me, or he commanded (someone to call me) and, therefore, I was called. He said: what did you say? So I repeated my story which I had already mentioned about my husband. Thereupon he said: Stay in your house till the term lapses. She said: So I passed my waiting period in it (her house) for four months and ten days. When Uthman ibn Affan became caliph, he sent for me and asked me about that; so I informed him, and he followed it and decided cases accordingly." {Related by Abu Dawoud}.

A woman whose husband has passed away is required to stay in the house where she was living with him when she received the sad news of his death, regardless of the location of that house. She must also avoid travelling during her Iddah for she doesn`t have to do so…..Scholars have agreed that it is forbidden for her to travel during her Iddah. The general rule is that she isn`t allowed to travel during Iddah unless she has an excuse as necessity knows no law. If she is travelling for work or worship then this isn`t allowed because there is no necessity here. The Shafie scholar Al-Kahteeeb Al-Shirbini stated: "Doing business, visting and performing Hajj aren`t excuses that allow the woman observing Iddah to leave her house." {Moghni al-Mohtaj, V.5:107}.

However, if she felt insecure for herself or wealth in that temporary residence or the effective laws of the country where she is in ban her staying there for the whole period of Iddah, then she is allowed to return to her country, even if she had to travel for a long distance.  

Al-Khatib Al-Shirbini (May Allah have mercy on him) said: "The woman observing Iddah should stay in the house in which she used to live with her husband. This is based on the above Verse and Hadith. Moreover, it isn`t allowed for the husband or anyone else to drive her out nor is she allowed to leave even if the husband approved of that, save for an excuse. This is because Iddah is a right of Allah`s and this right can`t be extinguished by mutual consent of spouses. Allah says {what means}: "…. and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness." {At-Talaq, 1}. She is allowed to leave the house where she was living with husband when she received the sad news of his death for an excuse. For example, she feared that the house may collapse or she may drown. She feared for her life or honor.  The evidence on this is that Aisha (Allah be pleased with her) severely objected to the tradition of Fatimah daughter of Qays. She said: Fatimah lived in a desolate house and she feared for her loneliness there. Hence the Messenger of Allah (PBUH) accorded permission to her (to leave the place)." Another excuse for leaving her house is fearing getting harmed by the neighbors." {Moghni Al-Mohtajj, V.5:107}.

In addition, Shafie and Hanbali scholars stated in their books that it is allowed for her, in case she feared for her life and wealth, to observe Iddah in the nearest residence and not travel. This is stated in {Hasheyat Ibn Abdeen, Vol.3:P.536} and {Khashaaf Al-Khinaa`, Vol.5: p.434 by Al-Bahwati}.

As for the Maliki scholars, they allowed the woman observing Iddah to move, if she has an excuse, wherever she wants and didn`t limit that to the nearest residence. If she feared for her life, wealth or child then she is allowed to travel to the residence where she feels secure. Al-Imam Al-Dusukhi said: "His saying "she is allowed to move for an excuse" means that she is allowed to go to whatever residence she likes." {Hasheyat Al-Dusukhi Ala Al-Shareh Al-Kabir, Vol.2:p.486}.

In conclusion, it is forbidden for a woman to travel during Iddah. However, if she felt insecure for her life and wealth in that temporary residence, or the effective laws of the country where she is in ban her staying there for the whole period of Iddah, then she is allowed to return to her country, even if she had to travel for a long distance. And Allah the Almighty knows best.






Comments

 

Name *

E. mail Address *

Country

Comment Title *

Comment *

Captcha
 
 

Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.