Asking for divorce after faskh

Q: When fasakh has taken place, does the wife still need to ask the husband for a divorce or is it that because the nikah is now cancelled out they are no longer partners so therefore asking for a divorce wouldn't make sense as they are no longer spouses. How long is the iddat once fasakh has taken place?

A: If it is a shar`ee faskh then she is separated. Separation means that she is out of his marriage.

It is the same as the iddat of divorce.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)