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'Iddah (Female Menstrual Waiting Period): Difference between revisions
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'Iddah (Female Menstrual Waiting Period) (view source)
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==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>''' | <big>'''1-'''</big> '''<big>The</big> <big>case of a single or a double-talaq 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 in terms of her rights since 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, then she’s no longer considered to be his wife. | This case is the best for the divorced wife in terms of her rights since 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, then she’s no longer considered to be his wife. | ||
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'''<big>2- The case of a triple divorce (The husband says “I divorce you” three times in one sitting or multiple sittings).</big>''' | '''<big>2- The case of a triple-talaq divorce (The husband says “I divorce you” three times in one sitting or multiple sittings).</big>''' | ||
The four schools of Islamic jurisprudence have different views: | The four schools of Islamic jurisprudence have different views: | ||
'''The Hanafi school:''' The husband is obliged to house his | '''The Hanafi school:''' The husband is obliged to house his triple-talaq divorced wife and provide for her. | ||
'''The Hanbali school:''' The husband isn’t obliged to house her nor provide for her. | '''The Hanbali school:''' The husband isn’t obliged to house her nor provide for her in the case of triple-talaq. | ||
'''The Shafi’i and the Maliki schools''': The husband is obliged to house her but not obliged to provide for her except in case she’s pregnant; the husband here is obliged to provide for her until she gives birth.<ref>[https://al-maktaba.org/book/9486/1097 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.337]</ref> | '''The Shafi’i and the Maliki schools''': The husband is obliged to house her but not obliged to provide for her except in case she’s pregnant; the husband here is obliged to provide for her until she gives birth.<ref>[https://al-maktaba.org/book/9486/1097 Fiqh Al-Sunnah by Sayyid Sabiq, Dar Al-Kitab Al-Arabi, vol.2 p.337]</ref> | ||
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 | 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): | '''<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): | ||
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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 | 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 Sunni schools of jurisprudence 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> | ||
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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> | 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 | There’s disagreement between scholars on whether the widowed woman has the right to 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: | ||
1- 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 | 1- 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 triple-talaq divorced, or still in her 'Iddah in case of a single or a double divorce)." | ||
2- 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> | 2- 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> | ||
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'''The mourning restrictions:''' | '''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 | 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 her 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 | '''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: | ||
1 – To go out of her house, except for a necessary purpose, such as if she is sick and needs to go to the hospital, in which case she should go during the day; or in the case of emergencies such as if her house is about to fall down and there is the fear that it may collapse on top of her; or in the case of fire; and so on. | 1 – To go out of her house, except for a necessary purpose, such as if she is sick and needs to go to the hospital, in which case she should go during the day; or in the case of emergencies such as if her house is about to fall down and there is the fear that it may collapse on top of her; or in the case of fire; and so on. | ||