When does the waiting period of a divorced woman begin and when does it end?
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Question:
A woman was divorced by her husband, but she did not know about it. She was in her parents' house for two years, and a person contacted them to inform them of her divorce. She was traveling with her family shortly after the contact, then she traveled and stayed for four days in another city, and then she returned. What is the ruling regarding her waiting period in this situation?
Answer:
If the divorce is established, her waiting period ends with three menstrual cycles if she menstruates, or with three months if she is a post-menopausal woman who does not menstruate, or a young girl who does not menstruate, or with the delivery of the child if she is pregnant. This is from the time the divorce took place. If it is established by evidence or by the husband's admission that he divorced her on such-and-such a day, in such-and-such a month, then that is the basis, because he is more aware of what actually happened. He is sinful, and he must repent to Allah for delaying the notification to her and for detaining her for this long period. He is responsible for her maintenance during the waiting period. As for what exceeds the waiting period, this is referred to the court if they claim the excess due to his detaining her.
The point is that it is obligatory for him to make it clear from the time he divorced her, and that he should not lie, and that he should not detain her. He must be held accountable for the punishment he deserves, because such an action was found. Her guardians and she have the right to claim the right regarding this detention, in terms of punishment, discretionary punishment, maintenance, and so on. And Allah is the One to be sought for help.
A woman was divorced by her husband, but she did not know about it. She was in her parents' house for two years, and a person contacted them to inform them of her divorce. She was traveling with her family shortly after the contact, then she traveled and stayed for four days in another city, and then she returned. What is the ruling regarding her waiting period in this situation?
Answer:
If the divorce is established, her waiting period ends with three menstrual cycles if she menstruates, or with three months if she is a post-menopausal woman who does not menstruate, or a young girl who does not menstruate, or with the delivery of the child if she is pregnant. This is from the time the divorce took place. If it is established by evidence or by the husband's admission that he divorced her on such-and-such a day, in such-and-such a month, then that is the basis, because he is more aware of what actually happened. He is sinful, and he must repent to Allah for delaying the notification to her and for detaining her for this long period. He is responsible for her maintenance during the waiting period. As for what exceeds the waiting period, this is referred to the court if they claim the excess due to his detaining her.
The point is that it is obligatory for him to make it clear from the time he divorced her, and that he should not lie, and that he should not detain her. He must be held accountable for the punishment he deserves, because such an action was found. Her guardians and she have the right to claim the right regarding this detention, in terms of punishment, discretionary punishment, maintenance, and so on. And Allah is the One to be sought for help.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
