'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 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>.


The 'iddah (waiting period) of different kind of women in Islam varies depending on her status:
The 'iddah (waiting period) of different kind of women in Islam varies depending on her status:


*'''A widowed woman''': The waiting period is 4 months and 10 days
* '''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 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).
* '''A divorced woman''': The waiting period is 3 menstrual cycles.  


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>. Yet in point of fact women are forced to unilaterally face these restrictions, which make their life difficult, while the husbands don't have to face any restriction. The basis of these restrictions, the need to be sure of fatherhood, has been rendered obsolete by modern science. In addition, these restrictions are not found anywhere in the bible or Judeo-Christian tradition. Their antecedents seem rather to be 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>.
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>. Yet in point of fact women are forced to unilaterally face these restrictions, which make their life difficult, while the husbands don't have to face any restriction. The basis of these restrictions, the need to be sure of fatherhood, has been rendered obsolete by modern science. In addition, these restrictions are not found anywhere in the bible or Judeo-Christian tradition. Their antecedents seem rather to be 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>.
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The length of 'iddah (waiting period) of different kind of women in Islam varies depending on her status:   
The length of 'iddah (waiting period) of different kind of women in Islam varies depending on her status:   


*'''A prisoner/slave woman''': The waiting period is becoming free from the blood of the first menstrual cycle<ref name=":3">[https://web.archive.org/web/20201219104233/https://www.iium.edu.my/deed/lawbase/risalah_maliki/book33.html 'Idda, Istibra' and Maintenance]</ref>. The reason is to determine the PARENTAGE of the child. Islam considers first menstrual cycle as enough to determine if a woman is pregnant or not.
*'''A prisoner/slave woman''': The waiting period is becoming free from the blood of the first menstrual cycle<ref name=":3">[https://web.archive.org/web/20201219104233/https://www.iium.edu.my/deed/lawbase/risalah_maliki/book33.html 'Idda, Istibra' and Maintenance]</ref>. The reason is to determine the parentage of the child. Islam considers first menstrual cycle as enough to determine if a woman is pregnant or not.
*'''A divorced woman''': The waiting period is 3 menstrual cycles. The reason is to give time to the couple to solve their dispute during this period<ref name=":3" /><ref name=":0">[https://brill.com/view/book/9789047426202/Bej.9789004172739.i-227_018.xml Reason for the waiting period]</ref>.
*'''A divorced woman''': The waiting period is 3 menstrual cycles. The reason is to make sure she's not pregnant before she can marry another man and to give time to the couple to solve their dispute during this period<ref name=":3" /><ref name=":0">[https://brill.com/view/book/9789047426202/Bej.9789004172739.i-227_018.xml Reason for the waiting period]</ref>.
*'''A widowed woman''': The waiting period is 4 months and 10 days. The reason is to give time to the woman to MOURN the death of her husband<ref name=":3" /><ref name=":0" />.
*'''A widowed woman''': The waiting period is 4 months and 10 days. The reason is to make sure she's not pregnant before she can marry another man and to give time to the woman to mourn the death of her husband<ref name=":3" /><ref name=":0" />.
*'''A pregnant woman''': The waiting period is up to 9 months (till the birth of the baby). The reason is to prevent that another man (as 2nd husband) could "water" the fetus from the previous husband<ref name=":3" /><ref>[https://quranx.com/Hadith/AbuDawud/DarusSalam/Hadith-2158/ Sunnan Abu Dawud, Hadith 2158]</ref>.
*'''A pregnant woman''': The waiting period is up to 9 months (till the birth of the baby). The reason is to prevent that another man (as 2nd husband) could "water" the fetus from the previous husband<ref name=":3" /><ref>[https://quranx.com/Hadith/AbuDawud/DarusSalam/Hadith-2158/ Sunnan Abu Dawud, Hadith 2158]</ref>.
== How Islamic divorce works ==
An important factor in Islamic divorce is whether the husband has declared the divorce for three times or less.
'''The case of a single or a double divorce:'''
If the husband says to his wife, for once or twice, that he has divorced her, then she enters her Iddah period which lasts for three menstrual cycles. During this period, she’s still legally considered to be his wife: He’s obliged to provide for her and they both can inherit from one another. During the Iddah, the husband can cancel the divorce even without her approval by saying that she’s back to him or by having sex with her. But if the Iddah period passes without any of these two events, then she’s no longer considered to be his wife.<ref>[https://al-maktaba.org/book/9486/1034 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.274]</ref>
After that, if the husband wishes to remarry her, he needs a new marriage contract, two witnesses, pay the dowry and he needs her approval.<ref>[https://al-maktaba.org/book/9486/1037 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.277]</ref>
'''The case of a triple divorce:'''
If the husband declares the divorce for three times, by saying something like “I have divorced you, and I have divorced you, and I have divorced”, then the woman is no longer considered to be his wife.<ref>[https://al-maktaba.org/book/9486/1027 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.267,269]</ref>
She enters her Iddah period which lasts for three menstrual cycles. The husband cannot remarry her unless she marries another man and gets divorced again.<ref>[https://al-maktaba.org/book/9486/1037 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.277]</ref>
Triple divorce in once sitting proved to be problematic:
1- In one moment of anger, a husband can end the marriage and the family by saying a triple divorce.
2- Triple divorce led to the spread of a fake kind of marriage where a divorced woman is married to another man only for him to immediately divorce her so that she can return to her original husband. This practice is called Nikah Al-Tahlil نكاح التحليل. <ref>[https://al-maktaba.org/book/9486/1031 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.271 footnote.1]</ref>
This triple divorce in one sitting is considered valid by most classical scholars and by the four schools of Islamic jurisprudence.<ref>[https://al-maktaba.org/book/9486/1029 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.269]</ref>
Ibn Taymiyah (d.1328) was the one who popularized the minority opinion which says that a triple divorce in one sitting counts only as one divorce. And for that opinion, Ibn Taymiyah was accused of breaking the consensus and he was sent to prison.<ref>Daf’ Shubah by Taqiy Al-Din Al-Hisni, Dar Al-Mustafa, p.271
دفع شبه من شبَّه وتمرد لتقي الدين الحصني، دار المصطفى، ص271</ref>
Ibn Taymiya’s opinion is the popular one in the Muslim world today.<ref>[https://al-maktaba.org/book/9486/1031 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.271]</ref><ref>[https://al-maktaba.org/book/7692/41 Al-Bid’ah Wa Atharuha by Abu Ishaq Al-Huwayni, Al-Shamilah library, vol.5 p.13]</ref>


==Restrictions upon the woman during her 'Iddah:==
==Restrictions upon the woman during her 'Iddah:==


Islamic 'Iddah not only prohibits the women from remarriage with another man, but it also puts other restrictions upon them.
Islamic 'Iddah not only prohibits the women from remarriage with another man, but it also puts other restrictions upon them. In the case of a widowed woman, she faces more restrictions than a divorced woman. But jurists are split between those who say that a divorced woman should go through the same restrictions of a widowed woman, and those who say that a divorced woman doesn't have to go through the same restrictions of a widowed woman. 


===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, 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.
According to the traditional rulings of Shari'ah, after the death 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.


===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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===Third Restriction: The Woman should not leave the house even for daily walks, or visit the relatives or attend any social gathering===
===Third Restriction: The Woman should not leave the house even for daily walks, or visit the relatives or attend any social gathering===
{{Quote|[https://web.archive.org/web/20211014113704/https://islamqa.org/hanafi/askmufti/45453/visiting-relatives-in-iddat/ IslamQA Fatwa Website]|'''Question''': Is a woman allowed to visit family members like her parents or sisters if she is observing iddat and use the excuse that she will be with her family so she doesn’t  see the problem?</br>  
{{Quote|[https://web.archive.org/web/20211014113704/https://islamqa.org/hanafi/askmufti/45453/visiting-relatives-in-iddat/ IslamQA Fatwa Website]|'''Question''': Is a woman allowed to visit family members like her parents or sisters if she is observing iddat and use the excuse that she will be with her family so she doesn’t  see the problem?</br>  
'''Answer''': A woman who has been divorced is not allowed to leave the confines of her home during the iddat for whatever reason, '''be it to visit friends or relatives or to attend the funeral of even her parents'''.}}
'''Answer''': A woman who has been divorced is not allowed to leave the confines of her home during the iddat for whatever reason, '''be it to visit friends or relatives or to attend the funeral of even her parents'''.}}
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 ([https://web.archive.org/web/20211014114224/https://www.islamweb.net/en/fatwa/349861/woman-in-iddah-may-go-out-for-need Fatwa 1], [https://web.archive.org/web/20211014114300/https://idealwoman.org/2021/can-a-woman-go-out-for-a-walk-during-iddat/ 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.   
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 ([https://web.archive.org/web/20211014114224/https://www.islamweb.net/en/fatwa/349861/woman-in-iddah-may-go-out-for-need Fatwa 1], [https://web.archive.org/web/20211014114300/https://idealwoman.org/2021/can-a-woman-go-out-for-a-walk-during-iddat/ 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.   
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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.  
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.  


{{Quote|{{Bukhari||68|81|in-book}}|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."}}
{{Quote|{{Bukhari||68|81|in-book}}|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."}}


===Fifth Restriction: Women are not allowed to use good clothes, jewelry, perfume, Henna and to comb their hair or to oil it===
===Fifth Restriction: Women are not allowed to use good clothes, jewelry, perfume, Henna and to comb their hair or to oil it===
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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.  
====Criticism of the 'Iddah in case of Talaq al-Sunnah (i.e. Triple Talaqs in 3 different sittings)====
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). 
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):
“And divorced women shall wait (as regards their marriage) for three menstrual periods”
[al-Baqarah 2:228]}}


====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====
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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|8|3325}}|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 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|8|3325}}|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?===
===Why no waiting period in name of "mourning" for the captive/slave women?===
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