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Saturday, 27 October 2007 17:17 |
Question:
If a man divorces his wife the third and final divorce and they are in a land far away from the land of her family, in America for example; what does the husband do with her? Does he travel with her to her country or not?
Answer:
If a man divorces his wife and it’s not the third irrevocable divorce; then she is divorced but he can take her back. Therefore he is able to travel with her and he is able to live with her and to keep her in his house; because she is still his wife until the iddah period is completed. So if the iddah period is completed and he does not take her back then the divorce is irrevocable; but as long as she is in iddah then she is his wife and he is a mahrum for her according to the statement of Allah the Exalted, ‘And their husbands have the better right to take them back in that period, if they wish for reconciliation’ (Chapter 2 verse 228) meaning during the iddah period.
But if she has been divorced the third irrevocable divorce, where he is not able to take her back then he is not a mahrum for her and it is obligatory upon her to cover in front of him because he has become a stranger to her; and he can not travel with her.
So if he divorced her and they are in a far away place and it is the irrevocable divorce, then it is permissible in this situation for him to request that her guardian come to get her and take her to her land and travel with her, and he (her guardian) will be a mahrum for her. And it is not permissible for the man that divorced his wife, the irrevocable divorce to travel with her because she has become a stranger to him.
Fatwa by Sheikh Fawzan
Translated by Rasheed Barbee
Link: http://www.islamway.com/?iw_s=Fatawa&iw_a=view&fatwa_id=7407
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