'Iddah (Female Menstrual Waiting Period)

Islamic legal texts make the claim that ‘Iddah is necessary in order to keep the ‘parentage’ of the child secure. Yet in point of fact, in light of modern science, being free of blood from the first menstrual cycle is not enough to know if a woman is or is not pregnant. And even Islamic law itself stipulates that the 'iddah (waiting period) of a new prisoner^[4], and also of a free Muslim woman who takes divorce through Khul'^[5] should only be one month. According to Islamic law, after the first menstrual cycle Muslim men may marry them and have intercourse with them. Muhammad himself had sex with Safiyah the same night after he had had her father, brother and husband killed, while she became free from blood of her first menstrual cycle the same day^[6]. Muhammad married her as a free woman. These facts cast doubt on the idea that the 3 month 'iddah of a divorced women or the 4 month 10 day 'iddah of a widow has anything to do with determining parental rights and responsibilities

The Islamic concept of 'Iddah entails a waiting period that a women must undergo between marriages. This period of waiting entails a number of restrictions on the woman before she can re-enter society, let alone marry again.

First Restriction: She has to undergo the 'Iddah even without any 'maintenance' money

According to the traditional rulings of shari'ah, the after the death and divorce of a woman's husband she is not entitlted to any support from his family or estate. As the Dar-ul-Ifta says:

A woman has no choice but to compulsorily undergo the 'Iddah of period of 4 months and 10 days (or up to 9 months in case of pregnancy), yet she has no right for maintenance money from the estate of her husband for this long period of time, and this in traditional cultures where women often rely upon men for their sustenance. In such cultures this stricture would be a huge financial burden upon the women, who often did not and do not even have any source of income in such cultures.

Second Restriction: She has to stay in the house of her ex-Husband during the entirety of the ‘Iddah

According to the ruling of traditional Islamic Sharia'h, if a woman's husband dies then she is allowed to stay only in the house of her husband during this whole period of 'Iddah. She is not allowed to spend this time of 'Iddah in any other place (like house of her parents or any other family members).^[7][8] Sunan Abu Dawud bears witness to this custom, and further clarifies that her need for financial support is not to be taken into consideration:

The woman has to stay in the husband’s house, even if it doesn’t belong to her husband, or even if he hasn’t left any maintenance money for the wife

Although this clearly serves the purpose of insuring that the next man who marries her does not inherit a son from the previous marriage or another man she had relations with during her 'Iddah, the wellbeing of the woman here is not considered at all; her need to either work to support herself or be with her own family for succor and support is not taken into account at all, and neither is her freedom of movement and intention.

Third Restriction: The Woman should not leave the house even for daily walks, or visit the relatives or attend any social gathering

Many Islamic fatawa (religious rulings) decree that Muslim women observing their 'iddah must not leave their (husband's) house even for a walk and certainly not for any type of social gathering (Fatwa 1, Fatwa 2). Although this makes sense from the perspective of insuring that her next husband does not inherit the baby of a man she had relations with during her 'iddah and that any pregnancy which comes about in the 'iddah can only be the work of her husband, it completely disregards her human rights. No consideration is given for the women's freedom of movement, freedom of choice, social or relationship needs.

Fourth Restriction: The woman should not even use collyrium/kohl on her eyes even for eye disease, since it beautifies her

Although a woman is allowed to take medical care during her ‘iddah, still she should not use collyrium/kohl as a cure even against any eye disease, since this substance can be used as a form of makeup to beautifie her.

Fifth Restriction: Women are not allowed to use good clothes, jewelry, perfume, Henna and to comb their hair or to oil it

Women observing their 'Iddah are not allowed to wear good clothes, or jewelry, or use perfume or Henna. Even combing their hair and applying the oil to it is forbidden^[9]. Washing the face with aloe is also forbidden.

Although these strictures again work to keep the woman from having any intercourse or attracting any male attention during her 'iddah by keeping herself (relatively) unattractive, these laws once again completely disregard the happiness and freedom of the woman to whom they are applied. They also seem excessively harsh, as if she is truly keeping herself confined to her house the question arises as to who would see her with all of this makeup on even if she did apply it.

Sixth Restriction: She should give up her Natural needs of getting any emotional support and attention and love from any other partner during the ‘Iddah

Islam critics point out that:

• Need of sex is not only limited to men, but it is a natural need of woman too. But Islam does not recognise this right and natural need of a woman, and it has limited it to the man only. Thus, a woman is not allowed to have sex with any partner for this long period of time of ‘Iddah.
• But sex is not the only problem, while divorce or death of husband also comes with extreme emotional stress for the woman. This is exactly the time when some of them may need emotional support and attention from a caring partner the most, who could talk with them and give them love and attention, so that they feel themselves “secure” in the partner's arms.
• On the other hand, Muslim men are allowed to have sex with other wives and dozens of slave-girls the same night. There is absolutely no restrictions upon them to even control themselves for even for a single day.

Seventh Restriction: She could not secure herself and her children financially through relationship with any other partner in the ‘Iddah

Islam critics object here that the Hadith of Furay'ah (which has already been mentioned above) proves that a woman has to stay in the waiting period in the house of her deceased husband, even though he left no maintenance money for her.

• And women in Islamic society are poorly educated.
• And Islamic society also does not provide women with job opportunities too, but she has to face so many hurdles in doing a job outside.
• Thus, the best bet for such a divorced/widow Muslim woman (even if she is pregnant) is to get another partner and get herself and her children financially secured in this way.
• But Islam has also completely blocked this opportunity for the woman too. Neither other men are allowed to see her, nor to meet her and decide if they could come into the relationship, nor they could make any proposal to them.
• She is all alone during the ‘Iddah period to financially secure herself and her children.
  

A powerful idea within Islamic law and preaching is "promoting virtue and preventing vice" or in Arabic الأمر بالمعروف والنهي عن المنكر literally "commanding in virtue and prohibiting vice." Muslims scholars argue that the institution of the 'iddah is in harmony with this principle, as the isolation of the woman during this period keeps her from falling into Zina. This idea is maintained even though going to parks, picnics, going on walks, going to social gatherings, visiting their relatives and staying with their parents is normally allowed to never-married women, who could also theoretically fall into zina. Unmarried Muslim women not undergoing their 'iddah are also allowed to use Kolh and perfume, and to wear jewerly and good clothes, to take part in Henna and to wash their faces with Aloe. Never the less, all of these things are forbidden to women undergoing their 'iddah.

According to the following hadith, the concept of 'iddah was taken from pre-Islamic Arabian culture:

Apparently women even at the time the hadith was created were complaining of the burdens of the 'iddah, but the hadith admonishes them that they ought to be thankful for Islam, since in the jahiliyyah (the pre-islamic time of "ignorance" before the coming of Islam in the Arab peninsula) the 'iddah lasted a whole year. That there were complaints, though, can be seen from the existence of the hadith in the first place, so even in the time of this hadith women were not happy with them; by comparison, modern secular culture imposes no such restrictions on women at all.

Many 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' the death of the husband.^[10] 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:

• The Husband is totally free to marry a new wife the same night, without any waiting 'iddah
• A man is 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."
• The 'iddah is only incumbent upon the woman in case of the death of her husband.

The 'iddah is even incumbent upon the widow in cases where she has never seen her husband after the marriage, in cases where the marriage has not been consummated, even if she is a minor child, or even if the marriage was abusive. ^[11] As such, feminist critics of the institution of the 'iddah have decried it as misogynist.

According to the Quran, the 'iddah of a pregnant woman is till the birth of a child (Quran 65:4).

Muhammad in the hadith of Sunan Abu Dawud justifies the practice in this manner:

This prohibition seems to imply some impurification of the fetus by the seed of the second man, but scientifically once the woman has been impregnated this is impossible, the DNA of the baby will not be affected by any other semen in the woman's body. This hadith thus seems to present an unscientific view of human gestation. In traditional societies where these laws were established, pregnant women were especially vulnerable and relied almost entirely upon men for their sustenance; yet the strictures of the 'iddah prevent her from finding support. Meanwhile, the man is under all circumstances able to take sexual pleasure from any other wife or sex slave that he possess immediately after the end of his marital bond.

The whole process of Divorce + ‘Iddah lasts for 6 menstrual cycles for a divorced woman. If the Muslim husband decides to give her a divorce, then the woman is still compelled to stay for the next 3 menstrual cycles with him in his house^[12]. During these 3 months, the wife is not allowed to come in contact with any man, and her husband also cannot touch her (or else the divorce will be cancelled and the marriage will be back in force). The woman is in a "solitary confinement" like situation in the house of her husband, yet the husband is free to have sex with other wives and slave girls during this period.

The Necessity of the 'Iddah

Even if the husband has not touched her for the last 3 menstrual cycles, according to many Islamic shaikhs and ulema the woman still has to observe restrictions of 'Iddah of 3 more months^[13]. The restrictions of 'Iddah of 3 more menstrual cycles is meant to safeguard the parentage of the child in case she became pregnant from the previous husband. Yet in terms of how the actual process works, the witness of ONLY the man is accepted during the process of Talaq (i.e. on the fact he didn’t touch her for the last 3 menstrual cycles), and he obtains his divorce from her on the basis of his testimony alone. The process relies upon his testimony of no sexual contact during the 'iddah alone. Yet at the same time the witnesses of BOTH the Man and Woman are considered insufficient in the case of a sexless marriage, and the woman is still forced to undergo the 3 months of the 'iddah. Islamic law also allows the man to start having sex with the slave woman of another woman, on the bases of 'singular testimony' of the slave-girl alone, that she is not pregnant, and her owner made her Halal for him to use her as a sex object, yet the testimony of 2 Muslims (a man and a woman) cannot obviate the need for an 'iddah for the woman. These strictures apply past the first menstruation after the divorce, for children who are married, and also for old women, all of which indicates that the purpose of the 'iddah goes beyond merely ensuring paternity.

Necessity of the 'Iddah while a women is emotionally disturbed after the divorce

A common Muslim argument in favor of the 'iddah goes as the example below:

Islamic laws allows the pregnant woman to deliver a child after divorce or becoming a widow (be it only few hours), and then immediately wed to another man. The mental stress issue seems to be irrelevant in that case. Muhammad himself married Saffyah the same night, when in the day her husband was killed, and Muhammad didn't care if she was mentally stressed or emotionally attached with her previous husband.  

Defenders of the traditional Islamic 'iddah claim that a woman has to stay in the house of husband for 3 menstrual cycles during the process of divorce, while this could provide them with the chance to reconcile^[14]. Although the possibility of reconciling and healing the family is noble, no consideration is given to the interest of a woman in a potentially abusive relationship who may want to leave her husbands presence as quickly as possible, and no such restrictions are placed on the man. Moreover, if the triple talaaq was invoked or he had invoked the singular talaaq one time, they cannot get back together after the 'iddah without the semi-legal institution of the halalah or tahleel marriage, precluding family reconciliation altogether. Also not taken into consideration is the possibility that distance and time might solve some of the problems the couple are facing.

Traditional Islamic law also allows pronouncing the word "talaaq" طلاق "divorce" in one sitting, which will spare the woman of 3 months restrictions of divorce process. But only the man is allowed divorce in this fashion, women cannot do this. Emotional outbursts of this triple talaaq are still considered valid, and many cases have transpired where the man has divorced his wife in anger and later regretted it, with the only recourse to get the marriage back being the semi-legal institution of the halalah or tahleel marriage.

The Islamic texts speak of "justice" with regards to the relationship between man and woman in a marriage:

Yet troublingly for this idea, the institution of the 'iddah places many difficulties upon the wife in the case of a separation and does not place these same restrictions on the man; this creates an unequal framework for the marriage, where the man may walk away at any time and immediately begin a new life with a new partner, but the woman will be restricted from even seeing her family for months after their separation.

Islamic du'aah and shaikhs claim that the Islamic 'Iddah of 3 menstrual cycles is correct, while some women have implantation bleeding despite being pregnant, and it is difficult for a woman to differentiate between he periods and the implantation bleeding. Yet despite this rule, traditional Islamic law itself stipulates an 'Iddah of a prisoner/slave woman as only one menstrual cycle, in contradiction to this idea. If parentage were the main issue, the status of the woman (free or slave) should not matter. Also the 'Iddah of a free Muslim woman in the case of Khul' is only one period.^[15] Even Muhammad himself slept with Safiyah the same night when her first menstrual blood stopped, after he had murdered her previous husband. Note that Safiyyah was not a slave, but a free woman when Muhammad took her as a wife:

There is no Sahih Hadith of the prophet in which he ever mentions the 'Iddah of 3 periods due to any implantation bleeding. Muhammad adopted the practice of 'Iddah from his native Arabian culture. It is in response to modern conceptions of biology and ideals about women's rights that these arguments about parentage have been formulated. But Muslims will fail, as contradictions in Islam will then occur (like Muslims having sex with prisoner/slave women and  while Muhammad had himself sex with Safiyyah after only the first menstrual cycle. They are not based on the actual source material but rather on a desire to make the source material acceptable to a modern audience.

In spite of the aforementioned claims of concern for the well-being of women, according to traditional Fiqh (Islamic Jurisprudence) Muslim men are allowed to derive sexual pleasures from the virgin girls taken as war booty during Jihad without giving them any 'waiting period' to mourn their dead family members. As far as the non-virgin slaves taken as war booty are concerned, if already have husbands, then vaginal coitus is not allowed till they become free of their first menstrual period, but theMuslim mujhaahiduun are allowed to undress them the same night and to take all kinds of other sexual pleasures and sexual favors from them aside from vaginal penetration.

According to Islamic Scholars, the Fiqh (Jurisprudence) of Imam Bukhari lies in the “Headings of Chapters” of his Book. And Imam Bukhari gave this heading in his book Sahih Bukhari^[16]:

Chapter: If one buys a slave woman, can he then take her along with him in a journey without her completing her waiting period?

Under this heading, Imam Bukhari writes:

The sorrow and pain of such women are recorded in Tabari:

The clear disregard for the well-being of women presents a conundrum for modern day advocates of these Islamic laws and traditions. On one hand, Islamic law advocates claim that a Muslim woman is not allowed to be wed during 3 periods/months long 'Iddah while she is mentally under stress after the divorce. Yet on the flip side of the coin, by endorsing a tradition with such endorsements of sexual slavery, they ignore any such mental stress for the prisoner women and girls. Far away from the subject of divorce, even after killing all the men of their family, Muslim men are allowed their use sex objects the very same night that their slavery begins. They are provided with no 'waiting period' to come out of their mental stress.

Contrary to Islam, even the laws of the Jewish Bible allowed the prisoner women to mourn their relatives for one complete month, during which men were not allowed to take any other sexual services from them.

In creating these new rulings around taking the sexual pleasure of female sex slaves, Islamic law rejected the law of the Bible in this case, and more closely followed the laws of the pagan Arab society of the time of Muhammad, as it benefitted the Muslims financially and they were free to seek sexual pleasures through the prisoner women the same night.