Can I Follow the Maliki View on Leaving the House During My ’Idda (Waiting Period)?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

My husband said, ‘You are divorced whenever you want,’ and later confirmed, ‘I said you are divorced.’ Is this valid, and when does the waiting period start? Can I follow the Maliki opinion on leaving the house?

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.

This is considered one divorce. Your waiting period started immediately after the statement. However, because this is one divorce only, your husband can revoke it anytime by showing any type of affection, and then you will be married again.

[Maydani, al-Lubab Fi Sharh al-Kitab]

Leaving the House

As a dispensation, such as if the woman must work, etc., then according to the Maliki School, a woman in the waiting period may leave the house during the day. This ruling applies to both divorced and widowed women. See link.

Divorce is a Serious Matter

Divorce is serious and should only be pronounced after advice and consulting with a reliable scholar. Many people make statements that lead to separation and divorce and find themselves breaking up a family simply because they didn’t understand, learn, and follow the clear rules and procedures.

Related:

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I pray this helps with your question.

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat 

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.