Iddia time of pregnant wife who had miscarriage
Assalamu aleykum wa rahmatullahi wa barakatuh,
Please, I need you kind advice and fatwa regarding my complicated situation.
I’ll give brief description of my case and if you’ll have any question, kindly let me know.
I married and Alhamdulillah did all my obligations as husband upon religion, I financially supported my zawja and I never ever raised my hand and always been kind. She has been married twice before, and I have been married previously. Wali and her brother approved our zawaj.
My wife has very rare decease, but Alhamdulilllah she first time become pregnant at her 37 years old. She has Dermatitis and also Raynaud’s Phenomenon. Person who has Dermatitis rarely can have a baby. While I took her to hospital, we had some argument. Despite fact that her brother and father lives in the Birmingham, she wanted me to move her mother from Birmingham to London and to rent house near to us. I found the property, but her brother failed to rent it and could not find guarantor. He is married and have 3 kids, living in Birmingham. Al muhim, during our conversation in car, my wife said that she wants her mother to live at our neighborhood, and I said you have brother and father living in Birmingham, your mother can stay with them and if you’ll need any help I can ask my mum and she can help us. My mum lives in Baku. Then she said that if you don’t want my mother to live in our neighborhood, then I do not want your mum as well. I explained that my mum is not in the UK, and it is not subject. If we’ll have child, my mother can help and your mother can also visit us. And if you need any help, I can leave you at week-ends at your mother in Birmingham. My mother lives broad with my dad. I said to my zawja that “IF” you will not want my mother to help us with baby or visit us, then I WILL divorce you THEN. As a man it’s my obligation also to look after my mother. I said if your father or brother cannot look after your mother, in that case I can interfere and help her. But as a Caucasian man, we always take responsibility of our elders.
On that day, she had miscarriage. It was exactly on her 47th day of her pregnancy, I have medical report from hospital.
Then her brother …… and his friends came with her to our house in London, and they said that I said talaq and also because my wife had miscarriage, then it’s over. And they said that by this miscarriage her iddia time ended and my zawja left with them.
I made research and it clearly says by all ulama that if miscarriage happen before 80-90 days of pregnancy, when face, fingers is not obvious, then iddia time does not end. It ends after 3 months. So, in front of several witnesses I said that let’s agree that there was divorce, then I return my wife back. I informed brother-in-law that I returned my wife infront of witnesses and you are one of them. There are more than 10 witnesses that I returned zawja within 2-3 weeks after our conversation.
I also informed brother-in-law that I returned my wife in front of witnesses and I also informed my wife that I returned her back (let’s agree that there was talaq, but I have right to return my wife).
But her brother does not agree to return my wife. Then I offered, that in Islam there is no force, if she does not want to return, then ask for khula and return mahr and jewelerry and I will accept it.
It has been over 9 months, her brother does not want to return my zawja or they does not ask for khula and does not want to return mahr and jewelry.
I am kindly asking you to give fatwa and advice. Is she still considers my wife? Does she has right to marry to another man? I know that I can marry and I can move on, but I want to end this mess.
Many thanks in advance. Jazak’Allahu khayran.
Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,
In light of what you explained, no divorce took place before the miscarriage. You mentioned that you said: “IF” you will not want my mother to help us with baby or visit us, then I WILL divorce you THEN.” Since you mentioned that you WILL issue the divorce, no divorce took place. You needed to issue a divorce, for it to fall.
This means that even after the miscarriage, she was still your wife, and there is no issue of ‘Iddah.
However, admission of a divorce equals to a divorce. So when you said: “let’s agree that there was divorce…”, a divorce took place at that time. However, you immediately revoked that divorce within that same breath.
In light of the above, she is still your wife, and you have every right to take her back, whether her family agrees or not, they have no right to make any decision.