The revocably-divorced woman should not observe ‘iddah in her family’s house except in cases of necessity
Question

                I asked for a divorce (talaaq) through the court because of harm – by way of beating, humiliation and shorcomings (on my husband’s part). I stayed in my family’s home for several months, and my ex-husband did not come to try to discuss the issue with my family, and he did not send anyone to try and bring about reconciliation. I refused to go back to him without him discussing the issue with my family and giving me a promise that he would not beat me. But he refused to discuss the issue with my family, and the court ruled that I should be granted a divorce because of harm. They asked me if I wanted to give up my financial rights, but I refused to give them up. The divorce given was one talaaq (revocable divorce), and he gave me the delayed portion of the mahr and maintenance during the ‘iddah period.

My question is: is this regarded as a talaaq or khula‘, because I am the one who asked for the divorce? And how long is the ‘iddah period? During the ‘iddah period, am I obliged to stay in the marital home? I cannot stay with him, because I do not want him and he does not want me. And my family will never agree to that, because he humiliated me and them. If I go back to him I am afraid that he may beat me severely. Is what I am doing haraam, by spending the ‘iddah period in my family’s home? I hope you can advise me.
Praise be to Allah.
    Firstly: 

    If the court has issued a verdict of divorce because of the 
    harm done to you, and one revocable talaaq has been issued to you, as you 
    say, then this is talaaq and not khula‘, and the ruling is not affected by 
    the fact that you are the one who asked for divorce. 

    Secondly: 

    The basic principle is that the divorced woman should observe 
    ‘iddah in her husband’s house, as Allah, may He be exalted, says 
    (interpretation of the meaning):

    “O Prophet (blessings and peace of Allah be upon him)! When 
    you divorce women, divorce them at their ‘Iddah (prescribed periods), and 
    count (accurately) their ‘Iddah (periods ). And fear Allah your Lord (O 
    Muslims), and turn them not out of their (husbands’) homes, nor shall they 
    (themselves) leave, except in case they are guilty of some open illegal 
    sexual intercourse. And those are the set limits of Allah. And whosoever 
    transgresses the set limits of Allah, then indeed he has wronged himself. 
    You (the one who divorces his wife) know not, it may be that Allah will 
    afterward bring some new thing to pass (i.e. to return her back to you if 
    that was the first or second divorce)”

    [at-Talaaq 65:1]. 

    But if she is afraid that by observing ‘iddah in her 
    husband’s house she will definitely be subjected to harm, it is permissible 
    for her to observe ‘iddah in her family’s home. 

    Al-Qurtubi (may Allah have mercy on him) said:

    “and turn them not out of their (husbands’) homes” 
    means: the husband does not have the right to turn her out of the marital 
    home so long as she is still observing ‘iddah, and it is not permissible for 
    her either to leave, because of the husband’s rights, except in the case of 
    clear necessity. If she leaves, she is sinning, but the ‘iddah is not 
    interrupted. This applies equally to both revocably and irrevocably divorced 
    women, and is ordained in order to protect the man’s sperm [from being 
    confused with that of a subsequent husband, if the woman were to remarry 
    soon and pregnant]. End quote. 

    It says in Fataawa al-Lajnah ad-Daa’imah (20/224): 
    With regard to the verse in which Allah, may He be exalted, says 
    (interpretation of the meaning): “and turn them not out of their 
    (husbands’) homes, nor shall they (themselves) leave, except in case they 
    are guilty of some open illegal sexual intercourse” [at-Talaaq 65:1], if 
    the woman leaves without her husband asking her to leave, whether by hinting 
    or a clear request, and without the husband’s permission, what is the ruling 
    on that? The talaaq is complete and all that remains is the ‘iddah. 

    Answer:

    The woman in ‘iddah following a revocable talaaq is sinning 
    if she leaves the husband’s house without him asking her to leave, unless 
    she left because of necessity or need which made it permissible for her to 
    do that. End quote. 

    Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: The 
    woman who has been revocably divorced must remain in her husband’s house, 
    and it is haraam for her husband to turn her out of the house because Allah, 
    may He be exalted, says (interpretation of the meaning): “and turn them 
    not out of their (husbands’) homes, nor shall they (themselves) leave, 
    except in case they are guilty of some open illegal sexual intercourse. And 
    those are the set limits of Allah. And whosoever transgresses the set limits 
    of Allah, then indeed he has wronged himself” [at-Talaaq 65:1]. What the 
    people do nowadays, whereby if a woman is revocably divorced she goes 
    immediately to her family’s home, is wrong and is haraam, because Allah says 
    “and turn them not out… nor shall they (themselves) leave”, and He 
    made no exceptions from that, unless she has committed open illegal sexual 
    intercourse, then He says after that: “And those are the set limits of 
    Allah. And whosoever transgresses the set limits of Allah, then indeed he 
    has wronged himself” [at-Talaaq 65:1]. Then He explains the wisdom 
    behind obliging her to remain in her husband’s house, as He says: You 
    (the one who divorces his wife) know not, it may be that Allah will 
    afterward bring some new thing to pass (i.e. to return her back to you if 
    that was the first or second divorce)” [at-Talaaq 65:1].
 

    The Muslims must pay attention to the limits set by Allah and 
    adhere to what Allah has enjoined upon them, and they should not take 
    traditions and customs as a means of going against the injunctions of 
    sharee‘ah. 

    The point is that we must pay attention to this matter and 
    remember that the woman who is
    
    revocably divorced is obliged to remain in her husband’s house until 
    the end of her ‘iddah. In this case, whilst she is staying in her husband’s 
    house, she may uncover herself in front of him, adorn herself, beautify 
    herself, put on perfume, speak to him, and he may speak to her, and she may 
    sit with him and do everything except intimacy or intercourse, which may 
    only take place in the case of him taking her back. He may take her back 
    verbally, so he may say, “I am taking back my wife”, or he may take her back 
    by his actions, by having intercourse with her, with the intention of taking 
    her back. End quote from Fataawa Islamiyyah. 

    We have stated that this moving of the woman from her 
    husband’s home, during her ‘iddah, even though it is prohibited in 
    principle, it may be permitted in the case of necessity or if there is a 
    reason which dictates that she should leave the marital home. 

    Abu’l-Waleed al-Baaji (may Allah have mercy on him) said: 

    Al-Qaadi Abu Muhammad said: If there is a great deal of such 
    misconduct and trouble between them, and there is no hope of them 
    reconciling, then the woman may move to some other abode. 

    Then he said, after referring to some of what had been said 
    about the reasons why a woman may move from her husband’s home: 

    All of these opinions indicate that it is not permissible for 
    her to move without good reason, although they differed as to the definition 
    of such reasons. And Allah knows best and is most wise.

    End quote from al-Muntaqa Sharh al-Muwatta’. 

    Based on that, if you are afraid that your husband will beat 
    you and harm you if you observe your ‘iddah in his house, then it is 
    permissible for you to observe ‘iddah in your family’s home. 

    And Allah knows best.