Question Summary:
Staying with husband after divorce

Question Detail:

If a women is irrevocably divorced but still living with her husband in the same house does it make the women's prayers invalid? The man can see the women without hijab in household cloths. Then she makes wudu and performs salah by covering her body and head except for her face and hands. If the man sees her hair after wudu or sees her during offering salah, does it invalidate her prayers? Moreover, the woman is sick and also has a little baby. So she cannot go for job. So the husband is providing money for her living and let her stay in the same house because he wants to be with the baby. The woman has nowhere else to live in that country and cannot work. Is taking money from the man halal for the women? He is giving it voluntarily.

Answer :

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

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We apologize for the much belated response.

If a woman has been an irrevocably divorced, she cannot live with her ex-husband in the same house after the expiry of her iddat. However, Salah performed in that house is valid. [i]

The excuse of the father to be with the baby in the same house is not valid. The laws of Shar’iah cannot be violated for one’s convenience.

The father of the child is responsible to maintain the child and provide shelter for the mother of the child. If he does not do so, he will be sinful.

The woman should seek outside assistance for shelter and maintenance.

In the query, you refer to irrevocably divorced. What do you mean by it irrevocably divorced?

And Allah Ta’āla Knows Best

Mirza Mahmood Baig

Student Darul Iftaa

Jeddah, KSA

Checked and Approved by,
Mufti Ebrahim Desai.

______

[i]  فتاوى قاسمية: 15/89-104، باب طلاق البائن

كتاب النوازل: 9/413، 316-318

[ii]  فتاوى محمودية: 18/418-421، تین طلاق کے بعد شوہر کے ساتھ رہنے کی بحث

الخلوة بالأجنبية حرام : الدر المختار: 9/529