divorce away from home-Please help

What happens if a woman is divorced over the phone while she is staying at her parents home? Is she supposed to return to her husband's home until the waiting period is completed?

Also, what are the laws regarding the woman staying away from her home  because of disagreement? Is there a maximum period for a woman to stay away from her home during disagreement with  her husband? 

aka2x2 wrote: The question needs to be answered in its proper context. If the woman is married legally the laws of that country will determine her fate (whether the country is Muslim or not). However, I am assuming you live in the West and your question concerns a religious divorce and not a legal one.   A man has the right to unilaterally terminate the Islamic marriage as long as he fulfills his obligations (e.g. pay the �mahar�, support the children, etc). A woman has the same right if she asked for it in her marriage contract. However, most women do not ask for this right. Such women must have valid cause for divorce or they must get �khule� which is to compensate the man in order to break the marriage contract. An unregistered Islamic Marriage is very hard to enforce in the West. However, people should not forget that the Islamic marriage contract is made in the name of Allah. He will hold both parties responsible for their conduct during the marriage and at its termination. It is better to give up points in a divorce than risk the wrath of God.

Bismillah,

Trying to get a sheikh to approve a divorce is like trying to -- well, nevermind the metaphor.  It's just nearly impossible.

Like the sister who's husband broke her arm.  He had given her black eyes and not brought food home to her -- she didn't speak English -- and cheated and gambled, but that broken arm, that did it.  They paid her ticket back to her country too.

But just because a sheikh won't grant it, doesn't mean that a divorce wouldn't be Islaamically correct for a Sister. 

Where does it say that in the Holy Quran, Brother?  That has become common practise, but law?  From the Blessed Quran?

 May be you are personally affected or you are asking for some one who is affected by divorce. The reply by aka2x2 is a good one.

 In this case it is difficult to determine who is at fault, e.g. How long the lady had been at parents home before pronouncement of divorce on telephone. If it was soon after her going to parents then husband can be at fault. But if the lady had gone to live with parents and did not return to her husband then the lady maybe at fault.

Now to turn to the actual question. Divorce (religious) has three stages to become complete. It is never legal to terminate marriage in just one sitting (one announcement). But according to Hanafi belief (and others too) the divorce becomes effective if announced thrice at once.

The right way to divorce is to announce it once while the wife is living with her husband and she is not menstruating. They should live together, i.e. continue to live together and not to separate. If ever the husband tries to approach his wife for the sexual purpose, then that divorce is cancelled automatically.

Or, the husband can verbally withdraw the notice of divorce and it will be cancelled. If husband is not satisfied and wishes to inforce his previous decision then he should, after a month of living together, pronounce the second notice of divorce in a similar (clean period of wife) way as the first notice.

That is the last thing because if another (third) notice is given in a similar manner then divorce becomes final and binding upon the two. They are then separated. This appears to be the intention of the Shariyat. But in the modern world where the western people have abondoned the marriage system, it would appear odd to describe the Islamic system.

The end result is whether the person has pronounced the divorce once or three times, (The three time pronouncement is ( can be) considered only one pronouncement)  the wife should be living and continue to live with her husband at his place. Specially if the husband has asked her to return to him. This is most important. So, I feel that I have answered the first part of the two questions.

The answer to the second part, how long the wife can remain away from husband, is a bit difficult. If an answer is known then it will be posted. But it is never wise to go away from home at all. The wife must return to her husband.

 I will post about the rights of the ladies in these matters later on. Please note that I am not any Mufti or a man knowing the intricacies of the Islamic law.

Thank you to all who took the time to answer my questions.

Let me clarify a few points noted above.

I do live in the West (USA), and so does my husband and family. I left my husband's home after a quarrel and per his request to go to my parents home, for one month. We did not speak for a month, and I gave him the space he & I needed. After the month past, i tried to reconcile, however he made no attempts to speak to me or my family. I tried to call, he would not answer the phone, nor answer any messages. These attempts to reconcile was during the holy month of Ramadan. Then he called me and uttered the words "... you are divorced" and hung up. There was no other discussion during the phone conversation. He called said those two words and hung up. Also I'd like to add that this was during Ramadan, when he said this to me. And as of this moment, I have not heard from him nor his family, and almost a month and half has passed by. I am being told by family members that I should return to my  home during this waiting period of divorce. However, I don't feel convinced, and this is why i'm seeking a second opinion..Also I wanted to add that its been 3 months that we have not spoken nor have I returned to my home. So that is why i was asking how long can a wife be away from her home??  In addition, this is the first time for my husband to utter the words divorce..