CAN A WOMAN WORK DURING HER IDDAH?

Question:

As Salaamu Alaikum,

Is it permissible for a woman to go to work during iddat in order to retain her job thereafter, if she has no brothers, the rest of her mahrams are not interested in supporting her, though they have not been specifically asked, and her father is retired and so may not be able to support her after iddat.

The question surrounds necessity. What constitutes necessity? It is unlikely that in a Western country, where benefits are paid, she is likely to starve. Furthermore, it is not the case that the father of the girl is so poor that he is eligible for Zakat. It is very likely that he could provide his daughter meals and basic shelter after divorce.

In such a scenario, would it be necessary for the woman to go to work during iddat if her husband is willing to pay maintenance?

Answer:

Bismillahi Wa Billahi At Tawfeeq

Wa Alaikum As Salaam,

It is generally impermissible for women who are in iddat, to leave the home during the period of iddat, unless it is due to a dire need. As such, leaving the home for the sake of retaining a job is also generally not permissible.

(Fatawa Qasmiyah 16/ 510-511, Kitabun Nawazil 10/212)

In this scenario however, based on the information that has been provided, it seems as if no one is able, or willing, to take on future responsibility of the woman in question.

Hence, if that is indeed the case, and if her job is her only means of securing herself, then due to the need, it would be permissible for her to leave the home, go to work, and as a result retain her only means of livelihood.

(Fatawa Qasmiyah 16/511-512)

Having said that, the following points should be considered:

  1. She should make every effort to secure a leave from her job, so that she may spend her iddat at home, without the fear of losing her job.
  2. She is only allowed to leave to fulfil her need. As such, she should return home immediately after work and before the night.
  3. She must observe the laws of Hijab.

 

And Allah knows best.

Mufti Waheeb Saiyed

2/6/2022