Iddah of a lady carrying a child of Zinah

Dec 7, 2023 | Talaaq (Divorce)

QUESTION:

A woman exercised Khula from her husband and three months have passed without her experiencing Haidh. are gone she did not bleed. It seems she may be pregnant but both parties claim the child is not from her ex-husband. What will be the ruling regarding her Iddah as it appears to be a case of Zinah. What she should do in this case?

ANSWER:

It seems from the query that the female was pregnant prior to finalizing the Khula agreement, hence she commenced her Iddat whilst being pregnant. The child in this instance will be attributed to the father, and since the Khula is categorized as Talaaq-e-Baa’in, the father does not have the right of negating the lineage of the child through the institute of Li’aan. [Re:- Fataawa Uthmaniyyah Pg.373 Vol.6]  

The Iddat will terminate on childbirth as is the case of pregnant women who are divorced. [Re:- Fataawa Uthmaniyyah Pg.473 Vol.6]  

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Maulana Ahmed Saeed

Date: -22 Jumadal Ula 1445 / 06 December 2023

CHECKED AND APPROVED BY:

Mufti Mohammed Desai Saheb

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