Can a Divorcee Live with Her Ex-husband after the ‘Idda Is Over?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

I’m asking on behalf of a friend. He has divorced his wife, and the ‘idda period is over; they have three mature children and still live together. They are in the process of trying to sell the house. What is the ruling on them living together in this situation?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

If a woman has been irrevocably divorced, she cannot live with her ex-husband in the same house after the end of her waiting period (‘idda).

When a divorcee’s waiting period (‘idda) ends, marriage also ends with it. They are no longer husband and wife. The couple are now strangers (non-mahram). Therefore, they cannot live together. [Ibn ‘Abidin, Radd al-Muhtar]

Focus on the Children Mutually

It is good they are selling the house. However, moving forward, they should now try to mutually and amicably agree on all matters, focus on the future of their children, and arrange their time, upbringing, and commitments accordingly.

I would like you to go through the valuable answers and links below. You will receive guidance and direction, in sha’ Allah.

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.