Observing the 'idda of talaq in the husband's house

Question

Question: (1) The ruling of the pure Shari'a is that after talaq a woman spends her 'idda in the house in which she was given the talaq. These days are a time of turmoil and corruption (fitna and fasad); if the woman is allowed to stay in the husband's house, there is a serious danger that husband and wife will fall into sin. Is it permissible, on account of fears of this kind, to have the woman removed and sent to her parents' home? (2) A man gave his wife three talaqs — a major (mughallaza) divorce.

Answer

(1) If the talaq is irrevocable (ba'in) or major (mughallaza), and it is difficult to spend the 'idda in that house while preserving chastity, and moreover there is no woman whose very presence would prevent fitna, then it is preferable (awla)

Source: Fatawa Mahmudiyya

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