Iddat

Iddat of a Shaafi woman who does not experience haidh

Q: I have a query about the giving of property. 

About 2 years ago, we came to know that my father had taken a second wife, in secret. This nikah had already been performed a year prior to us coming to know. When this happened, my father gave our house to my mother. We formulated a document to officiate it. This is the wording of the document: 

I, So and so, ID no so and so have given my wife so and so ID no so and so ownership of property address and vehicle registration number so and so, on Wednesday 19/06/2024. The contents of property will also be transferred to my wife, with the exclusion of certain items documented on page two/2. Upon transfer, All future rates, maintenance and associated expenses will be covered by myself in full. 

My father signed this, and it was witnessed and signed by his 3 adult, sane children. 1 male, and 2 females. My mother also signed. This property is still in my father’s name. 

After about a year, that nikah had ended in divorce. My father is saying now, that since that nikah ended, he will not be giving the above property and vehicle to my mother. The only reason he was going to give it was if he had 2 wives. 

Islamically, who does the property belong to? 

2. There is also another thing that I wish to query. We are Hanafi. The ex second wife is a Shaafi. She is around 40, and menopausal according to my father. He does not have any children from her. What is the duration of her iddat, and does it affect the inheritance laws in any way?

Travelling while in iddat

Q: I’m on iddah at present and have been keeping to the confinement of my home as per the rules of Islam. However, my daughter has been experiencing emotional and psychological distress to my divorce as we had to pack up and leave our home in a few days and start a fresh. She is seeing a therapist at present. 

My brother is going away for the weekend and suggested that I join him with my daughter going to the destination and staying in the room whilst he does activity with her. I unfortunately have to drive because he is taking his family with him and there is no space in the car. Is this allowed considering the circumstances. It’s been six weeks since my iddah and I don’t don’t want to break the rules.

Woman living alone after iddat

Q: Is it permissible for a female after her iddah to remain in the town she was married in? 

She has a teaching post as well as housing. Housing will be in a shared property with a Muslim family if safety is of concern. 

She does have parents but due to the abusive environment she would feel more safe remaining where she is currently sitting in her iddah. Her father is encouraging her to return to live with her parents. 

To my knowledge, a female is allowed to marry/re marry without the consent of her wakeel. Does this enable her to make all other decisions within the boundaries of Shariah by herself or does she now, after iddah, require the permission of her father?