Does the location of domicile in divorce necessitate adherence to the specific place of pronouncement?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 1 · Bab 1

Open in Qurani

Primary text

The location where a wife resides during her waiting period (iddah) following a divorce is not fixed to the exact place where the divorce was pronounced, regardless of whether the wife has a right to residence or not. The husband has the choice between allowing her to stay in the place where he divorced her or moving her to suitable accommodation for someone of her status. It is recommended (*mustahabb*) to keep her in the place of pronouncement based on the verse: "Do not make them leave their houses, nor should they leave, except if they commit an evident immorality" (Quran 28:1). Furthermore, retaining her there helps avoid disagreement, as scholars who affirm her right to residence mandate that her iddah be observed in her home. If the dwelling owned by the husband is suitable for her status, she observes her iddah there. If it becomes too confined for both parties, he must leave it to her and move elsewhere. If the dwelling allows separation, such as having a private room, an upper floor, or a lower floor with a locked door separating them, she resides in her designated space while the husband occupies the remainder, akin to two adjacent chambers.

Supporting text

If there is no locked door but she has a space where she can be secluded from his sight, and she has a male guardian (*mahram*) for protection, it is permissible. However, it is disliked (*yukrah*) generally due to the risk of unwanted sight. If she is without a male guardian, it is not permissible based on the Prophet's saying: "A man must not be in seclusion with a woman who is not his mahram, for the third among them is Satan."