Question: If a woman does not want to observe her ‘iddah (waiting period) in her husband’s house after taking a divorce because there is no hope of reconciliation and she does not want to return to him, and moreover, her life is in danger due to her husband’s abusive behavior, will she be sinful in this case?
Answer: If a man gives his wife a revocable divorce (talaq raj’i), the wife is required to observe her ‘iddah in her husband’s house, as this is the command of Allah and His Messenger. No one should act according to their own desires in this matter. Saying that there is no hope of reconciliation is not permissible because it is a prediction about the future, which is not allowed in Shariah. The Prophet (peace be upon him) said: “The hearts of the people are between two fingers of the fingers of Allah, He turns them as He wills.” (Tirmidhi: 2140)
Therefore, no one knows when Allah might change someone’s heart. However, if there is a legitimate Shariah excuse for not staying in the husband’s house, such as a threat to her life, lack of provision, or abusive behavior, then the wife can leave and observe her ‘iddah at her parents’ house. In such a case, she will not be sinful due to the valid excuse. But if there is no valid excuse and she still leaves, it will be considered sinful.
Sheikh Maqbool Ahmed Salafi (May Allah preserve him) ❪Jeddah Dawah Center, Hayy Al-Salamah – Saudi Arabia❫
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