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'Iddah (Female Menstrual Waiting Period): Difference between revisions
'Iddah (Female Menstrual Waiting Period) (view source)
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===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=== | ||
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).<ref>Fatwas Website Islamqa.Org. [https://web.archive.org/web/20211028112250/https://islamqa.org/hanafi/askmufti/45291/laws-of-the-iddat/ Laws of Iddat].</ref><ref>[https://islamqa.info/en/answers/10670/what-a-recently-widowed-woman-is-not-allowed-to-do Islam Question Answer Fatwa Website]</ref> A Hadith recorded in Sunan Abu Dawud bears witness to this custom, and further clarifies that her need for financial support is not to be taken into consideration. It should be noted though that jurists are split on whether a triply divorced woman or a widowed woman has the right for financial support and housing. The following Hadith, classified as authentic by Al-Albani, shows that a widowed 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 | 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).<ref>Fatwas Website Islamqa.Org. [https://web.archive.org/web/20211028112250/https://islamqa.org/hanafi/askmufti/45291/laws-of-the-iddat/ Laws of Iddat].</ref><ref>[https://islamqa.info/en/answers/10670/what-a-recently-widowed-woman-is-not-allowed-to-do Islam Question Answer Fatwa Website]</ref> A Hadith recorded in Sunan Abu Dawud bears witness to this custom, and further clarifies that her need for financial support is not to be taken into consideration. It should be noted though that jurists are split on whether a triply divorced woman or a widowed woman has the right for financial support and housing. The following Hadith, classified as authentic by Al-Albani, shows that a widowed 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 | ||
{{Quote|{{ | {{Quote|{{Abu Dawud||2300|darussalam}}|Furay'ah said that she came to the Messenger of Allah and asked him whether she could return to her people, Banu Khidrah, for her husband went out seeking his slaves who ran away. When they met him at al-Qudum, they murdered him. | ||
So I asked the Messenger of Allah: "Should I return to my people, '''for he did not leave any dwelling house of his own and maintenance for me'''? | So I asked the Messenger of Allah: "Should I return to my people, '''for he did not leave any dwelling house of his own and maintenance for me'''? | ||
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*If she is a virgin girl, then no waiting period is necessary, and the Muslim owner is allowed to force her to provide him the sexual services the same night. | *If she is a virgin girl, then no waiting period is necessary, and the Muslim owner is allowed to force her to provide him the sexual services the same night. | ||
*If she's married and has a husband, then the waiting period is to become free of the first menstrual blood. Even if this blood stopped the first night after the capture/purchase, the owner is allowed to force her to provide him the sexual services the same night. | *If she's married and has a husband, then the waiting period is to become free of the first menstrual blood. Even if this blood stopped the first night after the capture/purchase, the owner is allowed to force her to provide him the sexual services the same night. | ||
{{Quote|{{ | {{Quote|{{Abu Dawud||2158|darussalam}}|(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: | 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> | {{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> | ||
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===Criticism of the 'Iddah of a widow=== | ===Criticism of the 'Iddah of a widow=== | ||
Some Islamic preachers and scholars 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 | Some Islamic preachers and scholars 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 clearly a different 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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===Implantation Bleeding Despite Being pregnant=== | ===Implantation Bleeding Despite Being pregnant=== | ||
Islamic preachers and scholars claim that the Islamic 'Iddah of 3 menstrual cycles is correct, since some women have implantation bleeding (bleeding from when the fertilized egg attaches to the lining of the uterus.) 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 some jurists including Ibn Taymiyah say that 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| | Islamic preachers and scholars claim that the Islamic 'Iddah of 3 menstrual cycles is correct, since some women have implantation bleeding (bleeding from when the fertilized egg attaches to the lining of the uterus.) 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 some jurists including Ibn Taymiyah say that 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||1365c|reference}}|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 these arguments fall flat, as upon further inspection the contradictions in them are evident (such as having sex with a slave girl after one 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 these arguments fall flat, as upon further inspection the contradictions in them are evident (such as having sex with a slave girl after one 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. | ||