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['Aalim Network QR] Iddah (Waiting Period) in Menopause


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|       In the Name of Allah, the Compassionate, the All-Merciful       |\
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Salamun Alaykum

The following question was kindly answered by Shaikh Mustafa Jaffer.

Regards

Abbas Jaffer
Acting Moderator - 'Aalim Network

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My question is this.

QUESTION 1:

A woman past the age of menopause is seeking a divorce from her husband
on the grounds thast he has not entered into intercourse with her for more
than one year. Is this grounds for divorce?

ANSWER:

ONLY IF IT WAS MENTIONED AS A CONDITION IN A PRENUPTIAL AGREEMENT,
OTHERWISE NO.
 
			-------------------------

QUESTION 2:

When this woman brought up the question in a more forecful way by
threatening to file for civil divorce them man said he would give her an
answer in a month and then he left North America for his native land and
had not replied to any attempts to communicate with him. Is this
abandonment? and is it grounds for divorce?

ANSWER:

ABANDONMENT CAN ACT AS A GROUNDS FOR DIVORCE ONLY WITH THE RATIFICATION
OF THE MARJA' OR HIS APPOINTED AGENT.

			--------------------------

QUESTION 3:

If the woman gains a divorce is she subject to 'idaa even tho she has
had no mutual relations with the man for more than a year and is, besides,
past the age of menopause meaning she has no further monthly courses and
thus cannot have children and it is my understanding that the reason for
'idaa if clarification of patrimony?

ANSWER:

As per Ayatullah Seestani's rulings, for a woman in menopuase 
there is NO Iddah following divorce.

Wassalaam,

Mustafa



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