Women's Issues

Iddat period after divorce

Q: I have been divorced for 7 years. The talaq was issued by my then husband in writing but it was at my request. I was married for 10 years and we have a daughter. In the time of my marriage he never supported me financially nor spent time with us as he was married and I accepted that he give his first wife more time. After few years into our marriage, his first wife asked for talaq. He was with me for 6 months when I discovered some indiscretions and he said he was involved with another woman. I urged him to get married and that I would accept it 100% but he needed to be fair from the start so that she could understand as she reverted before they married. He continued to not spend time with us at all and never provided financially. His new wife according to him was insisting that he had to choose as she cannot accept him remaining married to me. He chose her but only gave me the Talaq upon my request. I have it in writing.  Thereafter we had meetings with both sets of parents who were made aware that I was observing my iddah period. They could not influence the decision and respected and accepted it. I informed my then husband the date after every menstrual cycle until my third clean period. after which I ended my iddah period.

I want to remarry Insha Allah and want assurance that the correct procedure was followed.

My mother is unsure if she was divorced or not?

Q: Please advise on how we can be assisted with the following?

My parents divorced in a court of law approx 23 years ago due to my father’s drug addiction and have never been in contact since then. I recently asked my mum if she sat for iddat and if my father gave her Talaaq. The reply was negative as he refused to give talaaq at the time due to our ignorance on matters of deen my mum did not pursue this further as she was advised by some Moulana that they are divorced.

I have over the years been in sporadic contact with my Father and he has/had a history of being in and out of Government Mental Facilities. It reached a stage where over the last few years he has lived on the street. I tried taking him into my place however he was unable to live with us due to his constant need to use drugs and the fact that I rent in a complex with strict body corp rules which made his living with us quite difficult. My attempts to have him institutionalized where also unsuccessful due to his unwillingness and the long waiting period at Government institutes. He thus remained on the street. We have in the last three weeks received news that he was quite ill and passed away. My attempts to confirm this with the State Mortuary proved futile.

The dilemma we now face is that my mum needs to know what her position would have been over the course of time.

Can the Nikah now be annulled or does she have to sit in iddat due to there having never been Talaq issued and the fact that now we do not know if my father indeed did pass away or not?

Your assistance in clarifying this matter will be of great help to ease the uncertainty that my mum faces?

When does iddat of talaaq commence?

Q: I've been separated from my husband since january 28th and have only received my talaaq papers in march. I recently received a proposal and wish to persue it. I am sterilized and can't have babies. Can you advise me on when my iddat commenced? Is it from the time I physically / literally separated (28 january) or from the time my talaq papers arrived? 

Breastfeeding through medication

Q: My wife and I cannot have children however we are considering "adoption" but in the sense of fostering, i.e. ensuring that the child would not take our name and would know of his or her lineage. How I would do that, Allah grant me hikmah and make it easy.

I understand the legal issues around breast-feeding and the mahram status it provides to adoptive muslim "parents". Would this status still apply if my wife were to induce (by means of taking medication) the production of breast milk in her body? That is to say, the breast milk would not be produced by means of a child being born to my wife, but rather due to taking a pill to cause it to breast feed another child. We are both Hanafi.

I understand that this too is a modern phenomena, ie, inducing by means of medication the production of breast milk. Being a modern phenomena, there could probably be ikhtilaaf on this matter. I would like to now what is your opinion on this matter and with great respect, ask you to please explain the proofs for arriving at that opinion. Also if there is another opinion held by other ulema, could you possibly inform me of that opinion and also the proofs they may have.