Divorced While Still Virgin: Is `Iddah Required?
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Divorced While Still Virgin: Is `Iddah Required?

Questioner

Anonymous

Reply Date

Jul 29, 2016

Question

As-salamu `alaykum. I got married and before the wedding ceremony I slept with my husband but I am still virgin and it was more than once but he was careful that I keep my virginity before the ceremony. We fought and he divorced me. He went away to get married from his country. Do I need to wait for 3 months before I can get married again (since I am still virgin)? And in case he comes back, how should we get together again.

Mufti

Answer


Wa `alaykum as-Salam wa Rahmatullahi wa Barakatuh.

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

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Sister, first of all, we’d like to thank you for your keenness to acquire religious knowledge, and we ask Almighty Allah to bless you and grant you happiness in this worldly life and in the hereafter.

As for your question, we’d like to clarify that intimate relations necessitate observing the `iddah (waiting period) after divorce. The absence of vaginal intercourse does not mean that you are not required to observe `iddah.

In his response to your question, Sheikh Ahmad Kutty, senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Canada, stated,

As you and your ex-husband have lived together as husband and wife, in the event of divorce, you are obligated to undergo the prescribed waiting period of three months or three menstrual cycles.

The fact that you did not have vaginal intercourse does not mean that you are free from this requirement. The simple fact that you have had intimate relations is a sufficient ground for observing the `iddah.

Therefore, I advise you to wait for the period of `iddah to expire before considering another proposal of marriage. If your ex-husband arrives after the `iddah has expired, then you are not considered married to him.

However, if he arrives before the `iddah expires, then he is entitled to take you back because the divorce is revocable in this case. This can ideally be done by stating, in the presence of two witnesses, that he is taking you back as wife. In case of expiry of `iddah, he needs to remarry you, if both of you wish to get together again.

Allah Almighty knows best.

Excerpted, with slight modifications, from www.islam.ca




About Sheikh Ahmad Kutty

Sheikh Ahmad Kutty is a Senior Lecturer and an Islamic Scholar at the Islamic Institute of Toronto, Ontario, Canada.

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