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'Iddah (Female Menstrual Waiting Period): Difference between revisions

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'Iddah (Female Menstrual Waiting Period) (view source)

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{{Quote|[http://web.archive.org/web/20160117184347/http://www.dhspriory.org/kenny/RISALA.htm Risalah by Imam Abdullah Ibn Abi Zayd]|واستبراء الامة في انتقال الملك حيضة انتقل الملك ببيع أو هبة أو سبي أو غير ذلك. ومن هي في حيازته قدحاضت عنده ثم إنه اشتراها فلا استبراء عليها إن لم تكن تخرج.</br>
{{Quote|[http://web.archive.org/web/20160117184347/http://www.dhspriory.org/kenny/RISALA.htm Risalah by Imam Abdullah Ibn Abi Zayd]|واستبراء الامة في انتقال الملك حيضة انتقل الملك ببيع أو هبة أو سبي أو غير ذلك. ومن هي في حيازته قدحاضت عنده ثم إنه اشتراها فلا استبراء عليها إن لم تكن تخرج.</br>
The istibrā' (waiting) period for a slave concubine who changes ownership is one menstruation. Ownership may change by selling, giving away, capture, or any other way. If the woman menstruates after being taken possession of in advance by her new owner, and then he buys her, she does not have to go through a period of istibrā' (i.e. waiting period).}}
The istibrā' (waiting) period for a slave concubine who changes ownership is one menstruation. Ownership may change by selling, giving away, capture, or any other way. If the woman menstruates after being taken possession of in advance by her new owner, and then he buys her, she does not have to go through a period of istibrā' (i.e. waiting period).}}
Even if the first menstrual blood stopped the first night after becoming captive/purchase, the Muslim owner is allowed to have sex with her the same night.  
Even if the first menstrual blood stops the first night after becoming captive/purchase, the Muslim owner is allowed to have sex with her the same night.  


Saffiyyah (a Jewish captive woman) became free of her blood the next night after her father, brother and husband were killed in the war by Muslims. Thus Muhammad had sex with her the next night
Saffiyyah (a Jewish captive woman) became free of her blood the next night after her father, brother and husband were killed in the war by Muslims. Thus Muhammad had sex with her the next night
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===Criticism of the 'Iddah of a widow===
===Criticism of the 'Iddah of a widow===
Some Islamic du'aah, shaykhs, and ulemaa' argue that the reason for the 4 month and 10 days long 'iddah of a widow is to ''''mourn'''<nowiki/>' the death of the husband.<ref name=":0" /><ref>Reason for 4 months 10 days long Iddah of a widow [https://www.islamweb.net/en/fatwa/88684/rights-of-a-deceased-husband-on-his-wife]</ref> Yet it should be noted that there is no obligation of any “mourning” upon a man if the wife dies. There is a clear  a double standard vis-a-vis the same situation involving a man and a woman, as the husband is totally free to marry a new wife the same night, without any waiting period in name of "mourning." And he is also totally free to have sex with his other wives and dozens of slave girls the same night as his divorce, and there is no restriction upon him in name of "mourning."
Some Islamic du'aah, shaykhs, and ulemaa' argue that the reason for the 4 month and 10 days long 'iddah of a widow is to ''''mourn'''<nowiki/>' the death of the husband.<ref name=":0" /><ref>Reason for 4 months 10 days long Iddah of a widow [https://www.islamweb.net/en/fatwa/88684/rights-of-a-deceased-husband-on-his-wife]</ref> Yet it should be noted that there is no obligation of any “mourning” upon a man if the wife dies. There is a clear  a double standard vis-a-vis the same situation involving a man and a woman, as the husband is totally free to marry a new wife the same night, without any waiting period in name of "mourning." He's also totally free to have sex with his other wives and dozens of slave girls the same night as his divorce, and there is no restriction upon him in name of "mourning."


Moreover, the 'iddah is even incumbent upon the widow in cases where she has never seen her husband after the marriage, and in cases where the marriage has not been consummated, and even if she is a minor child,  or even if the marriage was abusive <ref>Widow has to observe 'Iddah even if she never saw the husband after the marriage, or even if she is a small child. [https://www.islamweb.net/en/fatwa/145179/the-waiting-period-of-an-old-woman-after-the-death-of-her-husband]</ref>. ''In all such cases, a widow has no emotional connection with the deceased husband, but still she has to undergo the restrictions of 'Iddah in name of mourning''.  As such, feminist critics of the institution of the 'iddah have decried it as misogynist.
Moreover, the 'iddah is even incumbent upon the widow in cases where she has never seen her husband after the marriage, and in cases where the marriage has not been consummated, and even if she is a minor child,  or even if the marriage was abusive <ref>Widow has to observe 'Iddah even if she never saw the husband after the marriage, or even if she is a small child. [https://www.islamweb.net/en/fatwa/145179/the-waiting-period-of-an-old-woman-after-the-death-of-her-husband]</ref>. ''In all such cases, a widow has no emotional connection with the deceased husband, but still she has to undergo the restrictions of 'Iddah in name of mourning''.  As such, feminist critics of the institution of the 'iddah have decried it as misogynist.
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This ruling is criticized while a woman is alone in the house of her ex-husband, and she has to observe Purdah (Hijab) from him too<ref>[https://web.archive.org/web/20210512143740/https://daruliftaa.net/wp-content/uploads/2018/05/rules_of_iddat-1.pdf Staying in the house of ex-husband, but also doing Purdah (Hijab) from him.] </ref>. Living under one roof with the ex-husband is a cause of mental torture for a woman.   
This ruling is criticized while a woman is alone in the house of her ex-husband, and she has to observe Purdah (Hijab) from him too<ref>[https://web.archive.org/web/20210512143740/https://daruliftaa.net/wp-content/uploads/2018/05/rules_of_iddat-1.pdf Staying in the house of ex-husband, but also doing Purdah (Hijab) from him.] </ref>. Living under one roof with the ex-husband is a cause of mental torture for a woman.   


As compared to the house of ex-husband, she could find a lot of love in house of her parents or relatives and live freely there and deliver the child without any mental tension.
As compared to the house of ex-husband, she could find a lot of love in house of her parents or relatives and live freely there and deliver the child in the comfort of her family.  


===Criticism of 'Iddah in case of divorce===
===Criticism of 'Iddah in case of divorce===
There are 2 procedures of giving 3 Talaqs in traditional Sunni Islam<ref name=":1">[https://islamqa.info/en/answers/2373/giving-talaaq-divorce-three-times-at-once-is-bidah 3 Talaqs in one sitting and the Quranic way of giving divorce]</ref><ref name=":2">[https://tripakshalitigation.com/types-of-talaq-under-muslim-law/ Types of Talaqs under the Muslim Law]</ref>:
There are 2 procedures of giving the Triple Talaq in traditional Sunni Islam<ref name=":1">[https://islamqa.info/en/answers/2373/giving-talaaq-divorce-three-times-at-once-is-bidah 3 Talaqs in one sitting and the Quranic way of giving divorce]</ref><ref name=":2">[https://tripakshalitigation.com/types-of-talaq-under-muslim-law/ Types of Talaqs under the Muslim Law]</ref>:


*Firstly, when husband pronounce 3 Talaqs in one sitting (known as Talaq al-Bidah).
*Either the husband may pronounce the 3 Talaqs (repeating the word for "divorce" in Arabic, "talaq talaq talaq") in one sitting (known as Talaq al-Bidah).
*Or husband gives each divorce after one menstrual cycle without touching her (known as Talaq al-Sunnah). This means, the process of 3 Talaqs takes 3 menstrual cycles.
*Or husband gives each divorce after one menstrual cycle without touching her (known as Talaq al-Sunnah). This means, the process of 3 Talaqs takes 3 menstrual cycles.
Both of these two procedures are criticized.


====Criticism of the 'Iddah in case of Talaq al-Bidah (i.e. Triple Talaqs in one sitting):====
====Criticism of the 'Iddah in case of Talaq al-Bidah (i.e. Triple Talaqs in one sitting):====
In the first case of triple Talaqs in one sitting, a woman has to go the restrictions of 'Iddah for 3 menstrual cycles before remarrying another man. But this ruling is criticized, while the parentage of the child could be determined only after the first menstrual cycle (as in case of the captive/slave woman). Therefore, logically the 'Iddah should be only one menstrual cycle long<ref>[https://web.archive.org/web/20220113121219/https://atheism-vs-islam.com/index.php/women/94-iddah-i-e-waiting-period-is-illogical-unnecessary-oppressive-injustice-against-the-women Iddah of 3 menstrual cycles in case of 3 Talaqs in one sitting]</ref>. There is no chance of reconciliation between the couple after the 3 Talaqs.   
In the first case of triple Talaqs in one sitting, a woman has to go the restrictions of 'Iddah for 3 menstrual cycles before remarrying another man. But this ruling is criticized, while the parentage of the child could be determined only after the first menstrual cycle (as in case of the captive/slave woman). Therefore, logically the 'Iddah should be only one menstrual cycle long if this idea where to be followed to its logical conclusion<ref>[https://web.archive.org/web/20220113121219/https://atheism-vs-islam.com/index.php/women/94-iddah-i-e-waiting-period-is-illogical-unnecessary-oppressive-injustice-against-the-women Iddah of 3 menstrual cycles in case of 3 Talaqs in one sitting]</ref>. There is no chance of reconciliation between the couple after the 3 Talaqs.   


Moreover, it is also claimed that in the present modern era, it is not necessary to wait even for one menstrual cycle, as the pregnancy could be determined right away through the medical tests.  
Moreover, it is also claimed that in the present modern era, it is not necessary to wait even for one menstrual cycle, as the pregnancy could be determined right away through the medical tests.  
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In case of Talaq al-Sunnah, '''the process of divorce''' itself takes the time of 3 menstrual cycles, during which husband is not allowed to touch the woman<ref name=":1" /><ref name=":2" />. Therefore, this process of divorce (which is 3 menstrual cycles long) is itself enough to make sure if the woman is pregnant or not (as the husband has not touched her during this period).   
In case of Talaq al-Sunnah, '''the process of divorce''' itself takes the time of 3 menstrual cycles, during which husband is not allowed to touch the woman<ref name=":1" /><ref name=":2" />. Therefore, this process of divorce (which is 3 menstrual cycles long) is itself enough to make sure if the woman is pregnant or not (as the husband has not touched her during this period).   


But according to the traditional Sunni Islam, a woman has to undergo 3 more menstrual cycles of 'Iddah (i.e. The whole process of Divorce + ‘Iddah lasts for at least 6 menstrual cycles for a divorced woman).  
Yet according to the traditional Sunni Islam, a woman has to undergo 3 more menstrual cycles of 'Iddah (i.e. The whole process of Divorce + ‘Iddah lasts for at least 6 menstrual cycles for a divorced woman).  
{{Quote|[https://islamqa.info/en/answers/12667/the-iddah-of-a-woman-divorced-by-talaaq The ‘iddah of a woman divorced by talaaq]|If the woman is not pregnant and she menstruates (is of child-bearing age), then her ‘iddah is three complete menstrual cycles after the divorce, i.e., her period comes then she becomes pure, then her period comes again and she becomes pure, then her period comes again and she becomes pure. That is three complete menstrual cycles, regardless of whether the time between them is long or short. Based on this, if he divorces her and she is breastfeeding and does not menstruate until two years later, then she remains in ‘iddah until she has had three menstrual cycles, so she may stay in this state for two years or more. The point is that she should go through three complete menstrual cycles whether the time involved is long or short, because Allaah says (interpretation of the meaning):  
{{Quote|[https://islamqa.info/en/answers/12667/the-iddah-of-a-woman-divorced-by-talaaq The ‘iddah of a woman divorced by talaaq]|If the woman is not pregnant and she menstruates (is of child-bearing age), then her ‘iddah is three complete menstrual cycles after the divorce, i.e., her period comes then she becomes pure, then her period comes again and she becomes pure, then her period comes again and she becomes pure. That is three complete menstrual cycles, regardless of whether the time between them is long or short. Based on this, if he divorces her and she is breastfeeding and does not menstruate until two years later, then she remains in ‘iddah until she has had three menstrual cycles, so she may stay in this state for two years or more. The point is that she should go through three complete menstrual cycles whether the time involved is long or short, because Allaah says (interpretation of the meaning):  


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====Criticism of the Islamic Ruling that in case of Divorce too, woman has to stay in the house of her ex-husband during the period of 'Iddah====
====Criticism of the Islamic Ruling that in case of Divorce too, woman has to stay in the house of her ex-husband during the period of 'Iddah====
Not only the widow has to compulsorily stay in the house of deceased husband during 'Iddah, but in case of divorce too, a woman has to compulsorily stay in the house of ex-husband:
Not only does the widow have to compulsorily stay in the house of her deceased husband during 'Iddah, but in case of divorce too, the woman is forced by these laws stay in the house of her ex-husband:
{{Quote|[https://web.archive.org/web/20210512143740/https://daruliftaa.net/wp-content/uploads/2018/05/rules_of_iddat-1.pdf Rules of Iddat]|When the husband divorces his wife, she will have to spend her Iddat in the matrimonial home. She must not leave the house during the day nor at night, nor can she make nikah with anyone else ... This rule will apply irrespective of whether the man issued one two or three divorces, and irrespective of whether he issued a talaaqul baa-in (irrevocable divorce) or a talaaq-ur-raj’ee (revocable Talaaq). The same rule will apply in all cases ... If she is observing her ‘Iddat in the same house wherein the man who issued a talaaqul baain to her is also living, she will have to observe strict Purdah (Hijab) with him.}}
{{Quote|[https://web.archive.org/web/20210512143740/https://daruliftaa.net/wp-content/uploads/2018/05/rules_of_iddat-1.pdf Rules of Iddat]|When the husband divorces his wife, she will have to spend her Iddat in the matrimonial home. She must not leave the house during the day nor at night, nor can she make nikah with anyone else ... This rule will apply irrespective of whether the man issued one two or three divorces, and irrespective of whether he issued a talaaqul baa-in (irrevocable divorce) or a talaaq-ur-raj’ee (revocable Talaaq). The same rule will apply in all cases ... If she is observing her ‘Iddat in the same house wherein the man who issued a talaaqul baain to her is also living, she will have to observe strict Purdah (Hijab) with him.}}
The critics of this ruling points out that after the irrevocable triple talaq (either in one sitting or three different sittings), no reconciliation is possible (except that she marries another man and he also divorces her). So, what is the purpose to compel her to stay during the 'Iddah period in the house of her ex-husband, where she undergoes another hardship to observe the Purdah (Hijab) too even inside the house?
The critics of this ruling point out that after the irrevocable triple talaq (either in one sitting or three different sittings), no reconciliation is possible (except that she marries another man and he also divorces her), which begs the question of why an 'iddah is even necessary in today's world with genetic parental testing. 


===Implantation Bleeding Despite Being pregnant===
===Implantation Bleeding Despite Being pregnant===
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