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

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.

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]).

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.   

A pregnant woman has to stay in the house of her ex-husband:  

{{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.}}

As compared to the house of ex-husband, she could find a lot of love in house of her parents or relatives and live freely there and deliver the child without any mental tension.   

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>:

Both of these two procedures are criticized.  

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. But this ruling is criticized, while the parentage of the child could be determined only after the first menstrual cycle (as in case of the captive/slave woman). Therefore, logically the 'Iddah should be only one menstrual cycle long<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>. There is no chance of reconciliation between the couple after the 3 Talaqs.   

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.  

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).   

[al-Baqarah 2:228]}}

Not only the widow has to compulsorily stay in the house of deceased husband during 'Iddah, but in case of divorce too, a woman has to compulsorily stay in the house of ex-husband:

{{Quote|[https://web.archive.org/web/20210512143740/https://daruliftaa.net/wp-content/uploads/2018/05/rules_of_iddat-1.pdf Rules of Iddat]|When the husband divorces his wife, she will have to spend her Iddat in the matrimonial home. She must not leave the house during the day nor at night, nor can she make nikah with anyone else ... This rule will apply irrespective of whether the man issued one two or three divorces, and irrespective of whether he issued a talaaqul baa-in (irrevocable divorce) or a talaaq-ur-raj’ee (revocable Talaaq). The same rule will apply in all cases ... If she is observing her ‘Iddat in the same house wherein the man who issued a talaaqul baain to her is also living, she will have to observe strict Purdah (Hijab) with him.}}