Ask the Schoolar
Ask The Scholar
Question Details


Question: Assalamualykum I had a question regarding a divorce situation if Talaq was pronounced before the consummation of the marriage then does the woman have to observe iddah or is she completely divorced from her husband and is a strange woman to him. Another question is after the initial pronouncement of Talaq the husband issued two seperate pronouncements of Talaq do these count? Or are they disregarded because the woman was not his wife anymore after the first pronouncement.JazakAllah Khair
Answer:

If the divorce has been pronounced prior to the consummation of marriage, the woman is not required to observe any iddah, and she is free from the marriage bond. This is explicitly stated in the following verse:

"O you who believe! If you marry believing women and then divorce them before you have consummated the marriage, you have no reason to expect, and to calculate, any waiting period on their part: Hence, make [at once] provision for them, in a decent manner."  (Qur'an: 33: 49).

So all the latter pronouncements indicating divorce are simply absurdities; they have no legal effect; as the woman is already a stranger, and you have no authority over her.

Having said this, I must also point out that it is important for the person who divorces a woman before consummating the marriage to give her some financial gift as it can be readily inferred from the verse cited above.

 

Ask
Your Name:
Your Email:
Subject:
Questions:

Please note that your question may not show immediately on the site.
www.islamonline.net
Ask the Schoolar