intimate during iddah invalidates the talaaq
- 27 Aug 2000 15:48:03
- Pakistan
Question
Our marriage ended after 14years.We have 3 children and I had a hysterectomy.At the time of talaaq I was told that I only have 3 calendar months a-idha.
Two weeks before that period was over,we had intercourse.Does this mean that we are still married or is the talaaq still valid.My ex-husband claims that he does not recognise it as a marriage as he does not want to be married to me.Do we have to talaaq again? Also, he is taking care of my two daughters while I look after my son, but he does not want to support my son as he claims I am not supporting my daughters financially.What is his responsibilty in this instance.I would kindly appreciate answers to the above questions. If at all possible, could you e-mail me .Shukran jazakallah.
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
If your husband issued you only one Talaaq and he did not revoke it verbally or physically by being intimate with you thereafter, the divorce will be valid. Since you had your womb removed (hysterectomy), your Iddat will be three months. If you were intimate after the Talaaq during the Iddat, then the Talaaq is revoked. If you do not wish to live as husband and wife, he will have to issue you another divorce. It is the father's sole responsibility to maintain all his children, son and daughters. The argument presented by him is baseless.and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
Fatwa Department
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