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

'Iddah (Female Menstrual Waiting Period) (view source)

Revision as of 04:11, 20 April 2022

2,293 bytes added , 20 April 2022

no edit summary

[checked revision]

Iarabi

Autochecked users, em-bypass-1, em-bypass-2, recentchangescleanup

164

edits

@@ Line 22: / Line 22: @@
 '''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>
+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 formally considered to be his wife: He’s obliged to house her and provide for her and they both can inherit from one another in case of death. During the Iddah, the husband can cancel the divorce even without her approval by saying that he's taken her back to him or by having sex with her. But if the Iddah period passes without any of these two events, then she’s formally divorced.<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 also 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>
-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>
+If the husband declares the divorce for three times, by saying something like “I have divorced, I have divorced you, 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> This is based on the following Hadith from Sahih Bukhari:{{Quote|[https://sunnah.com/bukhari:5260 Sahih al-Bukhari 5260]|The wife of Rifa`a Al-Qurazi came to Allah's Messenger and said, "O Allah's Messenger! Rifa`a divorced me irrevocably. After him I married `Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Messenger said to her, "Perhaps you want to return to Rifa`a? Nay (you cannot return to Rifa`a) until you and `Abdur-Rahman consummate your marriage."}}
-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>
+In summary, if the husband declares divorce for once or twice and doesn't cancel the divorce during her waiting period, his wife is formally divorced and he needs a new marriage contract to remarry her. But if the husband declares divorce thrice then his wife is immediately considered to be formally divorced regardless of her waiting period. And the husband cannot remarry his triply divorced wife unless she marries another man and gets divorced by him.
-Triple divorce in once sitting proved to be problematic:
+Triple divorce in one sitting proved to be problematic:
 - In one moment of anger, a husband can end the marriage and the family by saying a triple divorce.
@@ Line 44: / Line 42: @@
 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>
+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>
-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>
 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: ==
+==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.
+This case is the best for the divorced wife since that she’s 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:
@@ Line 73: / Line 69: @@
 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):
@@ Line 86: / Line 81: @@
-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>
+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 formally 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 formally 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>
@@ Line 92: / Line 87: @@
 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>
+There’s disagreement between scholars on whether the widowed woman has the right for housing and maintenance out of her dead husband’s money. The Hanafi and the Hanbali schools say she doesn’t have the right. The Maliki school says she has the right. While the Shafi’i school is split on this issue, with the prominent opinion saying she has the right. Those who say a widowed woman doesn’t have the right for housing and maintenance have based their opinion on:
+- A hadith where Muhammad says: “A (divorced) woman is entitled for housing and provision only if her husband can take her back (i.e. she isn’t triply divorced, or still in her Iddah in case of a single or a double divorce)."
+- The dead husband’s house and money belong to the heirs. The widowed wife is only entitled to her share of the inheritance.<ref>[https://al-maktaba.org/book/11430/15354 The Kuwaiti encyclopedia of jurisprudence by the Ministry of Religious Endowments and Islamic Affairs in Kuwait, vol.25 p.114-16]</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:
@@ Line 113: / Line 114: @@
 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:==
-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.
+== 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. In the case of a widowed woman, she faces more restrictions than a formally divorced woman. But jurists are split on whether a formally divorced woman should go through the same restrictions of a widowed woman.
 ===First Restriction: She has to undergo the 'Iddah even without any 'maintenance' money===
-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.
+Jurists are split on this issue with many saying that a widowed woman 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===
-According to the ruling of traditional Islamic Sharia'h, 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>  Sunan Abu Dawud bears witness to this custom, and further clarifies that her need for financial support is not to be taken into consideration:
+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
-====The 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|{{Abudawud||2293|hasan}}|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.
@@ Line 140: / Line 140: @@
 {{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'''.}}
-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.
+Jurists agree that a woman observing her Iddah must not leave her house, with many jurists saying she can only leave for necessary 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.
-===Fourth Restriction: The woman should not even use collyrium/kohl on her eyes even for eye disease, since it beautifies her===
+===Fourth Restriction: The mourning woman should not even use collyrium/kohl on her eyes even for eye disease, since it beautifies 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.
+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. According to many jurists, this restriction not only applies on a widowed woman, but it also applies to a formally divorced woman.
 {{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===
-Women observing their 'Iddah are not allowed to wear good clothes, or jewelry, or use perfume or Henna. Even combing their hair and applying the oil to it is forbidden<ref>[https://web.archive.org/web/20211028112250/https://islamqa.org/hanafi/askmufti/45291/laws-of-the-iddat/ IslamQA Fatwa Website]</ref>.  Washing the face with aloe is also forbidden.
+Widowed women observing their 'Iddah are not allowed to wear good clothes, or jewelry, or use perfume or Henna. With some jurists saying that even combing their hair and applying the oil to it is forbidden<ref>[https://web.archive.org/web/20211028112250/https://islamqa.org/hanafi/askmufti/45291/laws-of-the-iddat/ IslamQA Fatwa Website]</ref>.
 {{Quote|[https://sunnah.com/mishkat:3333 Mishkat al-Masabih 3333]|Umm Salama said: God’s Messenger came to visit me when Abu Salama died, and I had put the juice of aloes on myself. He asked me what it was, and I told him it was only the juice of aloes and contained no perfume, so he said, “It gives the face a glow, so apply it only at night and remove it in the daytime, and do not comb yourself with scent or henna, for it is a dye.” I asked God’s Messenger what I should use when combing myself, and he told me to use lote-tree leaves and smear my head copiously with them. Ibn Hajar al-Asqalani declared this Hadith to be FAIR (حسن) (link).}}Although these strictures again work to keep the woman from having any intercourse or attracting any male attention during her 'iddah by keeping herself (relatively) unattractive, these laws once again completely disregard the happiness and freedom of the woman to whom they are applied. They also seem excessively harsh, as if she is truly keeping herself confined to her house the question arises as to who would see her with all of this makeup on even if she did apply it.

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

'Iddah (Female Menstrual Waiting Period) (view source)

Revision as of 04:11, 20 April 2022

Navigation menu

Search