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

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created a new section: The rights and the restrictions during the 'Iddah:

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 Another opinion of Ibn Taymiyah which is adopted by prominent Saudi scholars Ibn Baz and Ibn Uthaymin, says that in a single menstrual cycle only one divorce counts<ref>[https://www.islamweb.net/ar/fatwa/110547/%D9%85%D8%B0%D8%A7%D9%87%D8%A8-%D8%A7%D9%84%D8%B9%D9%84%D9%85%D8%A7%D8%A1-%D9%81%D9%8A%D9%85%D9%86-%D8%B7%D9%84%D9%82-%D8%B2%D9%88%D8%AC%D8%AA%D9%87-%D9%81%D9%8A-%D8%B7%D9%87%D8%B1-%D8%AC%D8%A7%D9%85%D8%B9%D9%87%D8%A7-%D9%81%D9%8A%D9%87 Islamweb.net Fatwa no.110547]</ref>. Meaning that for the husband to have a triple divorce he needs to declare divorce once in the each of the three menstrual cycles of the Iddah period.
+== The rights and the restrictions during the 'Iddah: ==
+<big>'''1-'''</big> '''<big>The</big> <big>case of a single or a double divorce (by saying “I divorce you” once or twice, in one sitting or two different sittings)</big>'''
+This case is the best for the divorced wife since that she’s still considered to be married to her husband until the waiting period is over. During the waiting period, scholars unanimously agree that the husband is obliged to house his wife and provide for her.<ref>[https://al-maktaba.org/book/9486/1097 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.337]</ref> If the waiting period ends without the husband canceling the divorce, she’s no longer considered to be his wife.
+The wife can’t leave the husband’s house during the waiting period. The four schools of Islamic jurisprudence have the following opinions on the right of leaving the house during the waiting period of a woman divorced with less than three divorce announcements:
+'''The Hanafi and the Shafi’i schools:''' She cannot leave her husband’s house not in the day nor in the night.
+'''The Hanbali and the Maliki schools:''' She can leave the house during the day for her daily needs. But she can’t leave during the night because it’s the time when adultery is feared.<ref>[https://al-maktaba.org/book/11430/18733 The Kuwaiti encyclopedia of jurisprudence by the Ministry of Religious Endowments and Islamic Affairs in Kuwait, vol.29 p.348,349]</ref>
+'''<big>2- The case of a triple 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 Hanafi school:''' The husband is obliged to house his triply divorced wife and provide for her.
+'''The Hanbali school:''' The husband isn’t obliged to house her nor provide for her.
+'''The Shafi’i and the Maliki schools''': The husband is obliged to house her but not obliged to provide for her except in case she’s pregnant; the husband here is obliged to provide for her until she gives birth.<ref>[https://al-maktaba.org/book/9486/1097 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.337]</ref>
+As for the right of leaving the house during the waiting period of a triply divorced woman, the Maliki, Shafi’i and Hanbali schools say that she can leave the house during the day for her daily needs, but she can’t leave during the night. While the Hanafi school says she cannot leave not in the day nor in the night.<ref>[https://al-maktaba.org/book/11430/18735 The Kuwaiti encyclopedia of jurisprudence by the Ministry of Religious Endowments and Islamic Affairs in Kuwait, vol.29 p.349,350]</ref>
+'''<big>Fatwa from Islam q&a:</big>'''{{Quote|[https://islamqa.info/en/answers/73408/what-should-the-woman-who-is-revocably-divorced-avoid-and-what-should-she-avoid-if-she-is-irrevocably-divorced Islamqa.info fatwa no.73408]|If the husband has divorced her with a first or second talaaq (divorce announcement), it is not permissible for her to go out of her house during her ‘iddah, and it is not permissible for him to throw her out until her ‘iddah is over, whereupon she becomes a non-mahram for him. The reason for that is that perhaps he may decide to take her back, which is what Islam encourages. Allaah says (interpretation of the meaning):
+“And turn them not out of their (husband’s) 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 Allaah. And whosoever transgresses the set limits of Allaah, then indeed he has wronged himself. You (the one who divorces his wife) know not it may be that Allaah will afterward bring some new thing to pass (i.e. to return her back to you if that was the first or second divorce)”
+[al-Talaaq 65:1]
+During her ‘iddah, it is permissible for her to uncover in front of her husband and adorn herself for him, and for him to speak to her and be alone with her, but he does not have the right to have intercourse with her until after he has taken her back, or he has intercourse with her with the intention of taking her back.
+If the husband has divorced his wife with the last of three talaaqs, or he has divorced her twice or once and her ‘iddah has ended, then she becomes a non-mahram for him and it is not permissible for him to be alone with her, to touch her or to look at her.}}
+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 triply divorced woman should go through the same mourning restrictions to mourn the loss of the blessing of marriage. The views of the four jurisprudence schools on this issue are as follows: The Hanafi school says a triply divorced woman has to mourn. The Maliki school says she doesn’t need to mourn. While each of 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>'''
+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>
+'''The mourning restrictions:'''
+Scholars unanimously agree that a widowed wife should mourn her husband during the waiting period. She mourns him by avoiding wearing perfume, beautiful clothes and jewelry during the waiting period (4 months and 10 days).<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>
+'''Fatwa from Islam q&a:'''{{Quote|[https://islamqa.info/en/answers/13966/things-which-it-is-forbidden-for-a-woman-to-do-at-the-time-of-mourning Islamqa.info Fatwa no. 13966]|It is forbidden for a woman at the time of mourning to do the following:
+– To go out of her house, except for a necessary purpose, such as if she is sick and needs to go to the hospital, in which case she should go during the day; or in the case of emergencies such as if her house is about to fall down and there is the fear that it may collapse on top of her; or in the case of fire; and so on.
+The scholars said: she may go out during the day for necessary purposes, but at night she should not go out unless it is essential.
+– To wear perfume, because the Prophet (peace and blessings of Allaah be upon him) forbade the grieving woman to put on perfume except when she purifies herself following her period, in which case she may applies a little azfaar (a kind of perfume) after her period ends, to take away the traces of menstruation.
+– To wear beautiful clothes that are considered to be adornments, because the Prophet (peace and blessings of Allaah be upon him) forbade that. Rather she should wear ordinary clothes such as the kind that she usually wears inside her house, without making herself look beautiful.
+– She should not put on kohl, because the Prophet (peace and blessings of Allaah be upon him) forbade that. If she needs to use it, she should use the kind of kohl whose colour is not obvious, putting it on at night and removing it during the day.
+– She should not wear any jewellery, because if she is forbidden to wear beautiful clothes, it is more appropriate that jewellery should not be allowed.
+It is permissible for her to speak to men and to speak on the telephone, and to allow people to enter the house who are permitted to do so according to sharee’ah, and to go out onto the roof of the house during the night and during the day.}}<br />
 ==Restrictions upon the woman during her 'Iddah:==