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

If the husband declares the divorce for three times, by saying “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.   

Triple divorce in one 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.

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>

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>

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.  

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.   

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.