I am separated from my
husband for about ten years, but he did not give me talaq, so the jamiat in my
area decided to cancel our nikah. My question is will I have to sit for iddat
after this cancellation takes place?

Answer: 

If the Jamiat of your area cancelled or annulled your Nikah on valid Shari’ee grounds then the annulment will be valid and effective. Separation from one’s spouse (even though it may be for a lengthy duration) is not valid grounds for annulment of a marriage. If an annulment is not valid in terms of Shariah then although processed by any Muslim governing body, the spouses will remain as husband and wife. If the wife is to remarry on the basis of such an annulment then she will be considered to be living in sin as she remains married to her previous husband.

However, if your annulment is valid then yes, you are required to serve your Iddat from the date of annulment. [Re:- Fataawa Uthmaniyya Pg.320 Vol.6]. The Iddat period is the duration of three menstrual cycles from the date of annulment.

AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Mufti Mohammed Desai

 CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B

Date: 20 Safar 1440