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

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In Islamic [[Sharia]], '<nowiki/>''iddah'' or '''iddat'' (Arabic: العدة‎; ''period (of waiting)''), also spelled ''iddah'', ''idda'', or ''iddat'', is the period a woman must observe after the death of her husband or after a divorce, during which she has to face numbers of restrictions<ref name="Esposito2004">{{cite book | editor = John L. Esposito | date = 21 October 2004 | title = The Oxford Dictionary of Islam | publisher = Oxford University Press | pages = 131 | isbn = 978-0-19-975726-8 | oclc = 286438886 | url = https://books.google.com/books?id=E324pQEEQQcC}}</ref>.
In Islamic [[Sharia]], '<nowiki/>''iddah'' or '''iddat'' (Arabic: العدة‎; ''period (of waiting)''), also spelled ''iddah'', ''idda'', or ''iddat'', is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.<ref name="Esposito2004">{{cite book | editor = John L. Esposito | date = 21 October 2004 | title = The Oxford Dictionary of Islam | publisher = Oxford University Press | pages = 131 | isbn = 978-0-19-975726-8 | oclc = 286438886 | url = https://books.google.com/books?id=E324pQEEQQcC}}</ref> The 'iddah (waiting period) of different kind of women in Islam varies depending on her status:


These restrictions are criticized and it is claimed that:  
*'''A widowed woman''': The waiting period is 4 months and 10 days
*'''A pregnant woman''': The waiting period is up to 9 months (till the birth of the baby)
*'''A divorced woman''': The waiting period is 3 menstrual cycles. (On paper; in actuality she would not get the attention, love, or support and emotional help from any man for 6 menstrual cycles. The first 3 menstrual cycles are the process of Divorce, during which time she cannot not leave the husband's house, and her husband cannot touch her. And after the divorce, again she has to endure another  "waiting period" of 3 more menstrual cycles with many restrictions. She practically has to stay under these strict restrictions for about 6 months).


* Women have to "unilaterally" face these restrictions, which make their life difficult, while the husbands don't have to face any restriction.
Muslim Scholars claim that rulings of 'Iddah could neither be abolished, nor could they be changed as the rulings of the [[Shari'ah (Islamic Law)| Islamic Sharia]]  are based upon wisdom, justice and the best interests of the women, and they protect the women against the gender oppression and misogyny, while the man made laws of the modern Western world lead to the sexual exploitation of the women<ref>[https://islamqa.info/en/answers/39286 Islam Question Answer Fatwa Website: Is it correct to think that fatwas may vary according to time and place?] </ref><ref>[https://yaqeeninstitute.org/read/paper/women-in-islamic-law-examining-five-prevalent-myths Women in Islamic Law: Examining Five Prevalent Myths]</ref>. Yet all of these restrictions target only women, and the non-religious reasons (supposedly pertaining to the interest of the woman) given for these restrictions don't pass the test of reason.  
* Many of these restrictions are neither reasonable, nor logical, especially in the present modern era.
* The reasons for the 'Iddah go against the modern science.
* Muhammad took these restrictions of 'Iddah from the pre-Islamic Arab culture (which is known as "Time of Ignorance (i.e. jāhiliyyah)"<ref>[https://www.al-islam.org/man-and-ignorance/what-does-jahiliyah-mean What does Jahiliyah mean?]</ref>.  


But Muslim scholars defend these restrictions upon the women in 'Iddah. They claim that rulings of 'Iddah could neither be abolished, nor could they be changed as the rulings of the [[Shari'ah (Islamic Law)| Islamic Sharia]]  are based upon wisdom, justice and the best interests of the women, and they protect the women against the gender oppression and misogyny, while the man made laws of the modern Western world lead to the sexual exploitation of the women<ref>[https://islamqa.info/en/answers/39286 Islam Question Answer Fatwa Website: Is it correct to think that fatwas may vary according to time and place?] </ref><ref>[https://yaqeeninstitute.org/read/paper/women-in-islamic-law-examining-five-prevalent-myths Women in Islamic Law: Examining Five Prevalent Myths]</ref>.
==‘Iddah and the ‘parentage’ of the child==
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<ref>[https://sunnah.com/abudawud:2158 Sunnan Abu Dawud: 2158]</ref>, and also of a free Muslim woman who takes divorce through [[Khul']]<ref>[https://islamqa.info/en/answers/5163/does-iddah-apply-in-the-case-of-khula Islam Question Answer Fatwa Website]</ref> 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<ref>[https://sunnah.com/bukhari/64/251 Sahih Bukhari:2158]</ref>. 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 'iddah (waiting period) of different kind of women in Islam varies depending on her status:
==Restrictions upon the women during her 'Iddah:==


*'''A prisoner/slave woman''': The waiting period is becoming free from the blood of the first menstrual cycle.
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.  
*'''A divorced woman''': The waiting period is 3 menstrual cycles.
*'''A widowed woman''': The waiting period is 4 months and 10 days.
*'''A pregnant woman''': The waiting period is up to 9 months (till the birth of the baby).
*'''Mut'ah marriage''': It is 2 menstrual cycles.
 
== Reasons for the different lengths of the waiting periods: ==
According to the Muslim Scholars, the reasons for the different lengths of the waiting periods is as following<ref name=":0">[https://brill.com/view/book/9789047426202/Bej.9789004172739.i-227_018.xml Reason for the waiting period]</ref>: 
 
# Firstly, to determine the Parentage of the Child. Islam considers first menstrual cycle as enough to determine if a woman is pregnant or not (as is the case of waiting period of captive/slave women).
# Secondly, in the event of a revocable divorce, it gives the husband the opportunity to return to his wife. Therefore, a woman has to undergo the waiting period of 3 menstrual cycle in case of normal divorce, so that the couple could get the chance to reconcile during this period.
# Thirdly, asking the widow to "'''mourn"''' the death of her husband. Therefore, a widow is not allowed to remarry for 4 months and 10 days.
# Fourthly, to prevent that another man could "water" the fetus from previous husband in case of a pregnant woman.
 
==Other Restrictions (except for marrying another man) upon the women during her 'Iddah:==
 
Islamic 'Iddah not only prohibits the women from remarriage with another man, but it also puts other restrictions upon them, which bring difficulties in their life.


===First Restriction: She has to undergo the 'Iddah even without any 'maintenance' money===
===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 entitled to any support from his family or estate. As the Dar-ul-Ifta says:{{Quote|[https://daruliftaa.net/wp-content/uploads/2018/05/rules_of_iddat-1.pdf Dar-ul-Ifta]|The '''maintenance and providing of shelter for a woman observing the Iddat of Death are not the responsibility of her in-laws. She also does not have the right to take her maintenance out of the Estate of her deceased husband.'''}}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.
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:{{Quote|[https://daruliftaa.net/wp-content/uploads/2018/05/rules_of_iddat-1.pdf Dar-ul-Ifta]|The '''maintenance and providing of shelter for a woman observing the Iddat of Death are not the responsibility of her in-laws. She also does not have the right to take her maintenance out of the Estate of her deceased husband.'''}}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===
===Second Restriction: She has to stay in the house of her ex-Husband during the entirety of the ‘Iddah===
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{{Quote|[https://sunnah.com/mishkat:3333 Mishkat al-Masabih 3333]|Umm Salama said: God’s Messenger came to visit me when Abu Salama died, and I had put the juice of aloes on myself. He asked me what it was, and I told him it was only the juice of aloes and contained no perfume, so he said, “It gives the face a glow, so apply it only at night and remove it in the daytime, and do not comb yourself with scent or henna, for it is a dye.” I asked God’s Messenger what I should use when combing myself, and he told me to use lote-tree leaves and smear my head copiously with them. Ibn Hajar al-Asqalani declared this Hadith to be FAIR (حسن) (link).}}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.  
{{Quote|[https://sunnah.com/mishkat:3333 Mishkat al-Masabih 3333]|Umm Salama said: God’s Messenger came to visit me when Abu Salama died, and I had put the juice of aloes on myself. He asked me what it was, and I told him it was only the juice of aloes and contained no perfume, so he said, “It gives the face a glow, so apply it only at night and remove it in the daytime, and do not comb yourself with scent or henna, for it is a dye.” I asked God’s Messenger what I should use when combing myself, and he told me to use lote-tree leaves and smear my head copiously with them. Ibn Hajar al-Asqalani declared this Hadith to be FAIR (حسن) (link).}}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.  


==Pre-Islamic Influences on the Concept of ‘Iddah==
===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===
According to the following hadith, the concept of 'iddah was taken from pre-Islamic Arabian culture:
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.


{{Quote|{{Bukhari|||5336|darussalam}}|Um Salama said that a woman came to Allah's Messenger and said, "O Allah's Messenger ! The husband of my daughter has died and she is suffering from an eye disease. Can she apply  collyrium/kohl to her eye?" Allah's Messenger replied, "No," twice or thrice. (Every time she repeated her question) he said,''' "No." Then Allah's Messenger added, "It is just a matter of four months and ten days. In the Pre-Islamic Period of ignorance a widow among you should throw a globe of dung when one year has elapsed (i.e. she had to stay in ‘Iddah for the whole one year)." '''}}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.  
===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.


== Waiting period for the captive/slave-women ==
*And women in Islamic society are poorly educated.
The waiting period of captive/slave-women was as under:
*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.<br />


* If she was a virgin girl, then there was no waiting period necessary, and the Muslim owner was allowed to force her to provide him the sexual services the same night.  
==Islamic Reasoning Behind the Restrictions: Promoting Virtue, Preventing Vice==
* If she was married and had a husband, then the waiting period was to become free of the first menstrual blood. Even if this blood stopped the first night after the capture/purchase, the owner was allowed to force her to provide him the sexual services the same night.
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.
{{Quote|{{Abudawud|12|113}}|(Messenger of Allah (ﷺ) said): ... it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman till she is free from a menstrual course (i.e. her first menstrual blood).}}
Imam Abdullah Ibn Abi Zayd (who is also knows as younger Imam Malik), writes in his Fiqh book Risalah:
{{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).}}
Even if the first menstrual blood stopped the first night after becoming captive/purchase, the Muslim owner was 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
==Pre-Islamic Influences on the Concept of ‘Iddah==
{{Quote|{{Bukhari|||4211|darussalam}}|Narrated Anas bin Malik:
According to the following hadith, the concept of 'iddah was taken from pre-Islamic Arabian culture:


We arrived at Khaibar, and when Allah helped His Apostle to open the fort, (then) the beauty of Safiya bint Huyai bin Akhtaq whose husband had been killed while she was a bride, was mentioned to Allah's Apostle. The Prophet () selected her for himself, and set out with her, and when we reached a place called Sidd-as-Sahba, (which is 14 miles away from Khaibar)' Safiya became clean from her menses then Allah's Messenger () married her.}}
{{Quote|{{Bukhari|||5336|darussalam}}|Um Salama said that a woman came to Allah's Messenger and said, "O Allah's Messenger ! The husband of my daughter has died and she is suffering from an eye disease. Can she apply  collyrium/kohl to her eye?" Allah's Messenger replied, "No," twice or thrice. (Every time she repeated her question) he said,''' "No." Then Allah's Messenger added, "It is just a matter of four months and ten days. In the Pre-Islamic Period of ignorance a widow among you should throw a globe of dung when one year has elapsed (i.e. she had to stay in ‘Iddah for the whole one year)." '''}}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.  


== Criticism upon Islamic 'Iddah ==
==Reason for 'Iddah of a widow==
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'''<nowiki/>' the death of the husband.<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:


===Criticism upon the 'Iddah of a widow===
*The Husband is totally free to marry a new wife the same night, without any waiting 'iddah
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".  
*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.


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 'Iddah. Logically, "mourning" is attached with the "emotional connection".  As such, feminist critics of the institution of the 'iddah have decried it as misogynist.
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. <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> As such, feminist critics of the institution of the 'iddah have decried it as misogynist.  


===Islamic Reason for the 'Iddah of a pregnant woman is against the science===
==Reason for the 'Iddah of a pregnant woman==
According to the Quran, the 'iddah of a pregnant woman is till the birth of a child ([https://quranx.com/65.4 Quran 65:4]).
According to the Quran, the 'iddah of a pregnant woman is till the birth of a child ([https://quranx.com/65.4 Quran 65:4]).


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The Messenger of Allah said: It is not lawful for a man who believes in Allah and the last day '''to water what another has sown with his water (meaning intercourse with a woman who is pregnant from her previous husband).'''}}
The Messenger of Allah said: It is not lawful for a man who believes in Allah and the last day '''to water what another has sown with his water (meaning intercourse with a woman who is pregnant from her previous husband).'''}}
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. Moreover, 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, but it is only the woman who is not allowed to fulfil her natural need to have love and sex from any man.
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, and this unscientific idea thus promotes to the woman's further impoverishment. 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.
 
=='Iddah in case of divorce==
 
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<ref>Woman has to stay for 3 menstrual cycles at home of husband during the process of [https://abukhadeejah.com/divorce-talaq-iddah-remarriage-khula/ Talaq] </ref>.
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<ref>Privacy under one roof causes women to observe 'Iddah of 3 months. [https://daruliftaa.net/wp-content/uploads/2018/05/rules_of_iddat-1.pdf]</ref>. 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'''<nowiki/>' 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.


=== Compelling a pregnant woman to stay in house of her ex-husband till the delivery is also illogical: ===
*
A pregnant woman has to stay in the house of her ex-husband:
{{Quote|[https://web.archive.org/web/20201101155533/http://www.shiapen.com/wp-content/uploads/2011/02/fatwa_alamgiri_v3_p268.jpg Fatawa Alamgiri, vol 3, page 268, Urdu edition]|A Singular Report is enough in the religious issues. Therefore, if a slave woman comes to any person and tells him that her master has gifted her to him, then that person could trust the testimony of that slave-girl and have sex with her.}}
{{Quote|[https://web.archive.org/web/20210512143740/https://daruliftaa.net/wp-content/uploads/2018/05/rules_of_iddat-1.pdf Rules of Iddat]|If a woman is pregnant and her husband divorces her, she will have to remain in that house until she delivers her child.}}
This ruling is criticized while a woman is alone in the house of her ex-husband. She could find a lot of love in house of her parents or relatives.  


===Criticism upon '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>:


* Firstly, when husband pronounce 3 Talaqs in one sitting (known as Talaq al-Bidah).  
===Necessity of the 'Iddah while a women is emotionally disturbed after the divorce===
* 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.
A common Muslim argument in favor of the 'iddah goes as the example below:
{{Quote|1=[https://www.reddit.com/r/DebateReligion/comments/q8lp7y/comment/hgr5oij/?utm_source=reddit&utm_medium=web2x&context=3 Reddit]|2="The last thing on a woman's mind after she has got divorced is intimacy. She is mentally disturbed and needs time to come out of this shock"}}


Both of these two procedures are criticized.  
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.  


==== 3 menstrual cycles long 'iddah is ILLOGICAL in case of 3 Talaqs in one sitting (Talaq al-Bidah): ====
==Gender Parity of the 'Iddah Regulations==
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.  
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<ref>Staying in husband's home during the process of divorce.[https://abukhadeejah.com/divorce-talaq-iddah-remarriage-khula/]</ref>. 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.  


But this ruling is criticized, while<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>:
==The Triple Talaaq and 'Iddah==
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 parentage of the child could be determined only after the first menstrual cycle (as in case of the captive/slave woman). Therefore, the 'Iddah should be only one menstrual cycle long. Therefore, this ruling is blamed to be ILLOGICAL. as it is putting the hardships of 'iddah upon the woman unnecessarily for the 3 menstrual cycles.
==The Role of the 'Iddah in the Islamic Marriage==
* There is no chance of reconciliation between the couple after the 3 Talaqs. So, why then to let the woman face the hardships of 'Iddah for 3 menstrual cycles?
The Islamic texts speak of "justice" with regards to the relationship between man and woman in a marriage: 
* Moreover, it is also claimed that in the present modern era, even it is not necessary to wait for even the one menstrual cycle, as the pregnancy could be determined right away through the medical tests.  
{{Quote|1=[https://quranx.com/4.128?context=3 Quran 4:128-129]|2=And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of '''settlement''' between them (i.e. woman agrees upon leaving some of her rights) … And you will never be able to do '''Justice (Arabic: تَعْدِلُوْا)''' between wives, even if you should strive [to do so].}}


==== Extra 'Iddah of 3 menstrual cycles is ILLOGICAL in case of Talaq al-Sunnah: ====
<br />
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" />. 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).
{{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):


“And divorced women shall wait (as regards their marriage) for three menstrual periods”
{{Quote|{{Quran|4|3}}|If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal '''JUSTLY (Arabic: تَعْدِلُوا۟)''' with them, then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice.}}


[al-Baqarah 2:228]}}
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.


===Implantation Bleeding Despite Being pregnant===
==Implantation Bleeding Despite Being pregnant==
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 the periods and the [https://www.healthline.com/health/how-long-does-spotting-last#implantation-spotting 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.<ref>[https://islamqa.info/en/answers/5163/does-iddah-apply-in-the-case-of-khula 'Iddah in Khul' is one menstrual period]</ref> 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:  {{Quote|{{Muslim|16|99}}|He (the Holy Prophet) then granted Saffiyyah emancipation and married her. Thabit said to him: Abu Hamza, how much dower did he (the Holy Prophet) give to her? He said: He granted her freedom and then married her. On the way Umm Sulaim embellished her and then sent her to him (the Holy Prophet) at night.}}{{Quote|{{Bukhari|||2893|darussalam}}|Narrated Anas bin Malik: We arrived at Khaibar, and when Allah helped His Apostle to open the fort, the beauty of Safiya bint Huyai bin Akhtaq whose husband had been killed while she was a bride, was mentioned to Allah's Apostle. The Prophet selected her for himself, and set out with her, and when we reached a place called Sidd-as-Sahba,' '''Safiya became clean from her (first) menses then Allah's Apostle took her into his bed.'''}}
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 [https://www.healthline.com/health/how-long-does-spotting-last#implantation-spotting 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.<ref>[https://islamqa.info/en/answers/5163/does-iddah-apply-in-the-case-of-khula 'Iddah in Khul' is one menstrual period]</ref> 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:  {{Quote|{{Muslim|16|99}}|He (the Holy Prophet) then granted Saffiyyah emancipation and married her. Thabit said to him: Abu Hamza, how much dower did he (the Holy Prophet) give to her? He said: He granted her freedom and then married her. On the way Umm Sulaim embellished her and then sent her to him (the Holy Prophet) at night.}}{{Quote|{{Bukhari|||2893|darussalam}}|Narrated Anas bin Malik: We arrived at Khaibar, and when Allah helped His Apostle to open the fort, the beauty of Safiya bint Huyai bin Akhtaq whose husband had been killed while she was a bride, was mentioned to Allah's Apostle. The Prophet selected her for himself, and set out with her, and when we reached a place called Sidd-as-Sahba,' '''Safiya became clean from her (first) menses then Allah's Apostle took her into his bed.'''}}


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.  
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.  


===Why no waiting period in name of "mourning" for the captive/slave women?===
==The 'Iddah of Slaves and Women Taken As War Booty==
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.
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.
{{Quote|1=[http://web.archive.org/save/http://library.islamweb.net/newlibrary/display_book.php?idfrom=4080&idto=4081&bk_no=52&ID=1404&idfrom=4523&idto=5022&bookid=18&startno=425 Imam Ibn Hajar al-Asqallani, in his book Fath-ul-Bari]|2=وقال عطاء لا بأس أن يصيب من جاريته الحامل ما دون الفرج
{{Quote|1=[http://web.archive.org/save/http://library.islamweb.net/newlibrary/display_book.php?idfrom=4080&idto=4081&bk_no=52&ID=1404&idfrom=4523&idto=5022&bookid=18&startno=425 Imam Ibn Hajar al-Asqallani, in his book Fath-ul-Bari]|2=وقال عطاء لا بأس أن يصيب من جاريته الحامل ما دون الفرج
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