It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?
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.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers
Is it permissible for a wife`s family to demand her husband to divorce her although she doesn`t want that?
It is forbidden for them to do that in case their daughter doesn`t want divorce unless there was a sin that continues as long as the marriage survives.
I want to buy a house by having a loan from a bank?
If taking a loan from usrious banks it is impermissible; on the other hand, if this took place through Islamic ones then it is permissible to get the loan, since Allah the Most Exalted Said (What means): "And Allah has made buying lawful and forbidden usury (riba)." And Allah Knows Best.
How long is the` Iddah (waiting period) of a divorced woman?
The waiting period (iddah) of a divorced woman who is pregnant is until she gives birth. If she is of menstruating age, her waiting period is three menstrual cycles. If she does not menstruate, her waiting period is three months. And Allah Knows Best.
