Fatwa #163671 March 2008United States of America
My sister was married to a guy in the USA a year ago and since rukhsati there was no marital relation between my sister and her husband,...
Question
My sister was married to a guy in the USA a year ago and since rukhsati there was no marital relation between my sister and her husband,it went on for 8months when i brought my sister to my home.We know found out my brother in law is a gay and we have proof to support he is actively involved in homosexual activity.Now we are going for divorce.I was wondering does my sis still have to go through iddat since her husband did not even touch him and if she does have to do iddat then what are the rulings for it.
Answer
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
If your brother-in-law divorces your sister, she will have to spend the iddat of divorce, which is three full menstrual cycles.
And Allah knows best
Wassalam
Mufti Ebrahim Desai