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

If the husband declares the divorce for three times, by saying something like “I have divorced you, I have divorced you, I have divorced you”, 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."}}

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.

There’s disagreement between scholars on whether the widowed woman has the right for housing and maintenance out of her dead husband’s money and estate. 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:

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.}}

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

Jurists are split on this issue with many saying that a widowed woman is not entitled to any support from his family or estate. Dar-ul-Ifta takes the following opinion:{{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.

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 a clear  a double 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."

This ruling is criticized while a woman is alone in the house of her ex-husband, and she has to observe Hijab from him too<ref>[https://web.archive.org/web/20210512143740/https://daruliftaa.net/wp-content/uploads/2018/05/rules_of_iddat-1.pdf Staying in the house of ex-husband, but also doing Purdah (Hijab) from him.] </ref>. Living under one roof with the ex-husband is a cause of mental torture for a woman.   

===Criticism of 'Iddah in case of triple divorce===

If the husband says to his wife three times that he has divorced her, then she's formally considered to be divorced from him even if he said the three announcements in one sitting. The husband cannot remarry his wife unless she marries another man and gets divorced by him. Meaning the moment the husband pronounces three Talaqs (announcements of divorce) in one sitting, his wife will need to go through a waiting period of three menstrual cycles where she's forced to stay at her ex-husband's home. 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 if this idea were to be followed to its logical conclusion<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>. Scholars claim that one of the purposes of the Iddah is to give a chance for reconciliation between the couple. This may be true in the case of one Talaq or two, but after 3 Talaqs there's no chance of reconciliation which makes the additional two menstrual cycles not only meaningless but also mentally harmful for the divorced wife as she's forced to live with her ex-husband in the same home for three menstrual cycles.{{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.}}Moreover, 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. 

(Implantation bleeding happens when the fertilized egg attaches to the lining of the uterus.)

Islamic preachers and scholars 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 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|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 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.  

{{Quote|1=Fath ِAl-Bari by Ibn Hajar, Dar Al-Ma'rifah, vol.4 p.423|2=وقال عطاء لا بأس أن يصيب من جاريته الحامل ما دون الفرج