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

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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, even though Islamic law 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>. According to Islamic law, after the first menstrual cycle Muslim men may have intercourse with them. Muhammad himself had sex with Saffiyah the same night, when in the day her father, brother and husband was 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 widdow has anything to do with determining parental rights and responsibilities
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, even though Islamic law 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>. According to Islamic law, after the first menstrual cycle Muslim men may have intercourse with them. Muhammad himself had sex with Saffiyah the same night, when in the day her father, brother and husband was 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 widdow has anything to do with determining parental rights and responsibilities


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


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.  
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.  
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*She is all alone during the ‘Iddah period to financially secure herself and her children.<br />
*She is all alone during the ‘Iddah period to financially secure herself and her children.<br />


==Islamc Reasoning Behind the Restrictions: Promoting Virtue, Preventing Vice==
==Islamic Reasoning Behind the Restrictions: Promoting Virtue, Preventing Vice==
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 denying in 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 in 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.
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 denying in 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 in 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.


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{{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.  
{{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.  


==Reason for 'iddah of a widow==
==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:
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:


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==Reason for the 'Iddah of a pregnant woman==
==Reason for the 'Iddah of a pregnant woman==
According to the Quran, the waiting period 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]).


Muhammad in the hadith of Sunan Abu Dawud justifies the practice in this manner:
Muhammad in the hadith of Sunan Abu Dawud justifies the practice in this manner:
{{Quote|{{Abudawud||2158|darussalam}}|رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ يَوْمَ حُنَيْنٍ قَالَ ‏"‏ لاَ يَحِلُّ لاِمْرِئٍ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الآخِرِ أَنْ يَسْقِيَ مَاءَهُ زَرْعَ غَيْرِهِ ‏"
{{Quote|{{Abudawud||2158|darussalam}}|رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ يَوْمَ حُنَيْنٍ قَالَ ‏"‏ لاَ يَحِلُّ لاِمْرِئٍ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الآخِرِ أَنْ يَسْقِيَ مَاءَهُ زَرْعَ غَيْرِهِ ‏"


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).'''}}
Islam critics objectsthat this is a scientific mistake, while:
This prohibition seems to imply some impurification of the fetus by the seed of the second man, but scientifically once the woman has been impregnated this is impossible, the DNA of the baby will not be affected by any other semen in the woman's body. This hadith thus seems to present an unscientific view of human gestation. In traditional societies where these laws were established, pregnant women were especially vulnerable and relied almost entirely upon men for their sustenance; yet the strictures of the 'iddah prevent her from finding support. Meanwhile, the man is under all circumstances able to take sexual pleasure from any other wife or sex slave that he possess immediately after the end of his marital bond.
 
*Science is very clear if woman has already become pregnant, then other man could do as much sex as possible, but his sperms are not going to have any effects upon the fetus (i.e. he is not going to water the fetus from previous man). No DNA changes are going to take place in the fetus due to the sex. These were the concepts of times of ignorance, and Muhammad took this concept from them.
 
Moreover, Islam critics also points out that once again the pregnant woman has to bear the consequences of this practice unilaterally.
 
*The pregnant woman is alone after the death of her husband, and she is financially very weak.
*What if the deceased husband left no money for her and the baby?
*And it is impossible for her to go to the work outside while car rying the baby in her belly.
*A woman is in a state of extreme emotion during the pregnancy. This is exactly the time when she needs emotional support the most from a partner, who could take care of her, or of her father/mother/family, but she is compelled to stay at the husband's house.
*She is compelled to face all these difficulties 'alone' till the birth of the baby.
 
Moreover, Islam critics also point out that in principle:
 
*A pregnant woman should not go for ‘Iddah of even a single day, while the parentage of the child is already known due to her pregnancy.
*If husband could divorce such a pregnant woman and then start having sex with dozens of other slave girls and wives, why then should the pregnant woman be deprived of the emotional support and love and attention and care of the new partner, in a hard time when she needs these things the most?


==Reasons for the 'Iddah in case of divorce==
=='Iddah in case of divorce==
Islam critics point out that:
Islam critics point out that:


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