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Fatwa CenterIddah of wife divorced in December 03
Question
I am a married man. I travel to USA for work purposes. I left my wife in my original country since February 2003. On December 2003 some problem happened between me and my wife and I called her on the phone from USA and I told her you are divorced. Does my wife have any "Iddah" to wait for because I was far away from her since February 03? What if I decide to take her back, should I establish a new marriage contract in case that she doesn't have any "Iddah"?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
The waiting period of a woman before she could marry another man is a right of Allah on her.
This period, for a divorced woman, begins from the time the husband utters the word of divorce either directly or by phone.
It has nothing to do with the time the husband has been away from her before the divorce took place, because the contract remained as it was in principle (at the beginning). She is considered his wife even if no sexual intercourse took place between them.
Allah Says (interpretation of meaning): And divorced women shall wait (as regards their marriage) for three menstrual periods,…[2:228].
So Allah has linked the beginning of the time of the waiting period with the time the divorce takes place, without the wife giving birth or making sure that she is not pregnant.
If this divorce is not the third divorce, then the husband can take her back without a new contract if this is within the waiting period. Allah Says (interpretation of meaning): …And their husbands have the better right to take them back in that period, if they wish for reconciliation….[2:228].
If the waiting period has expired, then he cannot take her back except with a new contract. And if this is the third time he divorced her, then she becomes Haram for him unless she marries another man.
Allah Says (interpretation of meaning): And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband….[2:230].
In conclusion, you can take your wife back if this is not the third time you divorced her, and if it is within the waiting period. And if the waiting period is over, then you cannot take her back except with a new contract.
Allah knows best.
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