Darul Uloom Trinidad & Tobago

QUESTION:

As Salaamu Alaikum,

I have currently completed my second menstrual cycle after I received my Faskh, this is the second time I have received a faskh as we married twice. I would like to know whether my iddah period has now ended due to intimacy with him? No intercourse took place.

ANSWER:

Wa Alaikum As Salaam,

If you have obtained a Faskh from your husband, it means that your marriage with him has come to an end, and there is no allowance for him to revoke the Faskh after it has been officially done, or take you back as his wife during the course of your Iddah of the Faskh. The reason for this is that Faskh has the ruling of Talaq Ba’in (an irrevocable divorce), which beaks the marriage immediately without the allowance to be revoked. After the Faskh, both parties can only live in a marital relation if they do a new Nikah.

Therefore, if you had your Faskh for the second time, and while in your iddah period (of completing 3 menstrual cycles) your husband had intimacy with you, then this will not cause the Faskh to be revoked  and therefore, cannot make both of you husband and wife again. Through the Faskh, your marriage had immediately ended with your husband and both of you  became total strangers to each other. The only way you can have any kind of husband/wife relation is by doing a new Nikah with each other. If you did not do that, and yet, had intimacy with each other, then both of you have committed a grave sin, for which  Tawbah (repentance) must be made.

If until this time you have only completed your second menstrual cycle, then you need to complete a third one, to come out from your iddah. After this, you will be free to marry someone else.

(Kitab An Nawazil Vol. 10 page. 85 Darul Isha’at Karachi 2016)

And Allah Knows best

Mufti Waseem Khan

28/05/2021