leaving home in iddah to attend classes

Question:

Assalamualaikum

I wanted to know if it’s permissible for a woman who is in iddah after an irrevocable divorce to still attend classes at madrasa? She is in her final year of alimiyya and set to graduate soon. Would she be allowed to go to class and then straight back home? She would have to repeat the year if she can’t go to class.

Answer:

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the Name of Allah, the Most Gracious, the Most Merciful.

Wa Alaikumussalamu Wa Rahmatullahi Wa Barakatuh

Dear sister,

Allah SWT in the first ayah of Surah at-Talaq ordains women in iddah to not leave their house. Hence, it will not be permissible for a woman to leave her house unless it's due to a valid excuse that the fuqaha have enumerated. The enquired scenario is not a valid excuse. Therefore, leaving the house during iddah in order to finish the alimiyah studies is not permissible. She should make other arrangements to finish her studies.

في الهداية (2/ 428 ط قديمي):
ولا يجوز للمطلقة الرجعية والمبتوتة الخروج من بيتها ليلا ولا نهارا .... أما المطلقة فلقوله تعالى: {لا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ} [الطلاق: 1] قيل الفاحشة نفس الخروج وقيل الزنا ويخرجن لإقامة الحد

وفي الفتاوى الهندية (1/ 559 ط العلمية):
والحرة المسلمة لا تخرج لا بإذن الزوج ولا بغير إذنه

والله تَعَالى أعلم

And Allah Ta'ala knows best.

Mufti Faizal Riza
23/01/2022

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www.fatwa.org.au

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