5,268
edits
'Iddah (Female Menstrual Waiting Period): Difference between revisions
'Iddah (Female Menstrual Waiting Period) (view source)
Revision as of 21:08, 21 October 2025
, 21 Octoberno edit summary
| [checked revision] | [checked revision] |
No edit summary |
No edit summary |
||
| Line 27: | Line 27: | ||
'''The case of a triple divorce:''' | '''The case of a triple divorce:''' | ||
If the husband declares the divorce for three times, by saying “I have divorced you, I have divorced you, I have divorced you”, then the woman is no longer considered to be his wife.<ref>[https://al-maktaba.org/book/9486/1027 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.267,269]</ref> She enters her 'Iddah period which lasts for three menstrual cycles. The husband cannot remarry her unless she marries another man and gets divorced again.<ref>[https://al-maktaba.org/book/9486/1037 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.277]</ref> This is based on the following Hadith from Sahih Bukhari:{{Quote|[https://sunnah.com/bukhari:5260 Sahih al-Bukhari 5260]|The wife of Rifa`a Al-Qurazi came to Allah's Messenger and said, "O Allah's Messenger! Rifa`a divorced me irrevocably. After him I married `Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Messenger said to her, "Perhaps you want to return to Rifa`a? Nay (you cannot return to Rifa`a) until you and `Abdur-Rahman consummate your marriage."}} | If the husband declares the divorce for three times, by saying “I have divorced you, I have divorced you, I have divorced you” (the so-called "triple talaq", طلاق talaq being the Arabic word for "divorce"), then the woman is no longer considered to be his wife.<ref>[https://al-maktaba.org/book/9486/1027 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.267,269]</ref> She enters her 'Iddah period which lasts for three menstrual cycles. The husband cannot remarry her unless she marries another man and gets divorced again.<ref>[https://al-maktaba.org/book/9486/1037 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.277]</ref> This is based on the following Hadith from Sahih Bukhari:{{Quote|[https://sunnah.com/bukhari:5260 Sahih al-Bukhari 5260]|The wife of Rifa`a Al-Qurazi came to Allah's Messenger and said, "O Allah's Messenger! Rifa`a divorced me irrevocably. After him I married `Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Messenger said to her, "Perhaps you want to return to Rifa`a? Nay (you cannot return to Rifa`a) until you and `Abdur-Rahman consummate your marriage."}} | ||
In summary, if the husband declares divorce once or twice and doesn't cancel the divorce during her waiting period, his wife is formally divorced and he needs a new marriage contract to remarry her. But if the husband declares divorce thrice then his wife is immediately considered to be formally divorced regardless of her waiting period, and the husband cannot remarry his triple-talaq divorced wife unless she marries another man and gets divorced by him. | In summary, if the husband declares divorce once or twice and doesn't cancel the divorce during her waiting period, his wife is formally divorced and he needs a new marriage contract to remarry her. But if the husband declares divorce thrice then his wife is immediately considered to be formally divorced regardless of her waiting period, and the husband cannot remarry his triple-talaq divorced wife unless she marries another man and gets divorced by him. | ||
Triple-talaq divorce in one sitting | Triple-talaq divorce in one sitting has proven to be problematic: | ||
1- In one moment of anger, a husband could end the marriage and the family by saying a triple divorce, and the literature is clear that his remorse or regret does not invalidate the triple-talaq. | 1- In one moment of anger, a husband could end the marriage and the family by saying a triple divorce, and the literature is clear that his remorse or regret does not invalidate the triple-talaq. | ||
| Line 60: | Line 60: | ||
'''<big>2- The case of a triple-talaq divorce (The husband says “I divorce you” three times in one sitting or multiple sittings).</big>''' | '''<big>2- The case of a triple-talaq divorce (The husband says “I divorce you” three times in one sitting or multiple sittings).</big>''' | ||
The four schools of Islamic jurisprudence have different views: | The four schools of Sunni Islamic jurisprudence have different views: | ||
'''The Hanafi school:''' The husband is obliged to house his triple-talaq divorced wife and provide for her. | '''The Hanafi school:''' The husband is obliged to house his triple-talaq divorced wife and provide for her. | ||
| Line 81: | Line 81: | ||
A widowed wife goes through additional mourning restrictions in her waiting period. The mourning restrictions are the avoidance of wearing perfume, beautiful clothes, and jewelry during the waiting period.<ref>[https://al-maktaba.org/book/11430/18742 The Kuwaiti encyclopedia of jurisprudence by the Ministry of Religious Endowments and Islamic Affairs in Kuwait, vol.29 p.353,354]</ref> Many scholars say a formally divorced woman should go through the same mourning restrictions to mourn the loss of the blessing of marriage. The views of the four Sunni schools of jurisprudence on this issue are as follows: The Hanafi school says a formally divorced woman has to mourn | A widowed wife goes through additional mourning restrictions in her waiting period. The mourning restrictions are the avoidance of wearing perfume, beautiful clothes, and jewelry during the waiting period.<ref>[https://al-maktaba.org/book/11430/18742 The Kuwaiti encyclopedia of jurisprudence by the Ministry of Religious Endowments and Islamic Affairs in Kuwait, vol.29 p.353,354]</ref> Many scholars say a formally divorced woman should go through the same mourning restrictions to mourn the loss of the blessing of marriage. The views of the four Sunni schools of jurisprudence on this issue are as follows: The Hanafi school says a formally divorced woman has to mourn, the Maliki school says she doesn’t need to mourn, while the Shafi’i and the Hanbali schools are split on this issue.<ref>[https://al-maktaba.org/book/11430/768 The Kuwaiti encyclopedia of jurisprudence by the Ministry of Religious Endowments and Islamic Affairs in Kuwait, vol.2 p.104]</ref> | ||
'''<big>3- The case of a widowed woman.</big>''' | '''<big>3- The case of a widowed woman.</big>''' | ||
During the waiting period which lasts for four months and ten days, the widow is obliged to stay in her home. She can leave during the day for her daily needs, but she can’t leave during the night.<ref>[https://al-maktaba.org/book/11430/18737 The Kuwaiti encyclopedia of jurisprudence by the Ministry of Religious Endowments and Islamic Affairs in Kuwait, vol.29 p.350]</ref> | During the waiting period which lasts for four months and ten days, the widow is obliged to stay in her home. She can leave during the day for her daily needs, but she can’t leave during the night (the Hanafi and Shafi'i schools say she can't leave at all).<ref>[https://al-maktaba.org/book/11430/18737 The Kuwaiti encyclopedia of jurisprudence by the Ministry of Religious Endowments and Islamic Affairs in Kuwait, vol.29 p.350]</ref> | ||
There’s disagreement between scholars on whether the widowed woman has the right to housing and maintenance out of her dead husband’s money and estate. The Hanafi and the Hanbali schools say she doesn’t have the right. The Maliki school says she has the right. While the Shafi’i school is split on this issue, with the prominent opinion saying she has the right. Those who say a widowed woman doesn’t have the right for housing and maintenance have based their opinion on: | There’s disagreement between scholars on whether the widowed woman has the right to housing and maintenance out of her dead husband’s money and estate. The Hanafi and the Hanbali schools say she doesn’t have the right. The Maliki school says she has the right. While the Shafi’i school is split on this issue, with the prominent opinion saying she has the right. Those who say a widowed woman doesn’t have the right for housing and maintenance have based their opinion on: | ||