Laws of ‘Iddah (the post marital waiting period)

[ummtaalib]

Al-Iddah – (Period of Waiting)

by Waterval Islamic Institute

Source

 

 

ÍDDAH (Period of waiting)

Literally -the word ‘iddah means to count. The count of the monthly purifications after menstruation.

 

Religiously ‘iddah means the period of waiting by a woman in a house on the dissolution of her marriage after consummation or on the demise of her husband even if the marriage has. not been consummated. She is not allowed to leave the house in this period. A marriage contracted by her during this period is void.

 

OBJECT

The primary object of ‘iddah is imposed to ascertain whether the woman is pregnant so that the paternity of the child that may be born to her after the death of her husband or the dissolution of her marriage may be determined. Another object is due to the close and important relationship between the husband and wife, in the case of a deceased husband the shari’ah has imposed upon the wife to observe mourning and express sorrow during the period of ‘iddah. This serves as a mark of respect for the de- ceased husband.

 

The rules regarding ‘iddah vary in different cases and it will be inappropriate to include the full detail of all types of ‘iddah in this booklet. The ‘iddah after the death of the husband – which is relevant is dealt with hereunder.

 

PERIOD OF ‘I DDAH

1. A woman has to observe ‘iddah for four lunar months and ten days on the death of her husband irrespective whether she is a major or minor (i.e. she being a child or past the age of menstruation) or even if the marriage has not been consummated.

2. If the husband dies on the first day of the Islamic month (which is reekonned according to the lunar sighting) then the four months and ten days of the ‘iddah will be calculated according to the lunar months that follow. Certain months may be of twenty-nine days and others may be of thirty days.

 

3. If the demise was not on the first day of the Islamic month then she will calculate thirty days for all four months that follow (4 x 30 120 10 130 days). The months that may be of twenty-nine days will not be considered. This same rule applies to an ‘iddah of Talaq in the case where the widow is not pregnant.

4. The ‘iddah of a pregnant woman is up to the time of delivery or miscarriage (only if the limbs of the embryo had formed) whether the ‘iddah is due to death, divorce or any form of separation. The four months and ten days must not be reckoned in this instance.

5. If the woman is bearing twins her ‘iddah will only terminate when the second child is delivered.

6. If the husband dies while the wife is observing the ‘iddah due to a divorce (‘iddah of Talaaq) then the following rules will apply:-

* If the husband gives a Raj’ee Talaaq (revocable divorce) and should he then die while his wife is still observing the ‘iddah of Talaaq, she shall now have to abandon that ‘iddah and observe the ‘iddah of death which is four months and ten days .from the time of the husband’s death. The remaining period of the first ‘iddah which was due to the divorce shall not be reckoned in any-way. In case any one of the married couple dies during the period of ‘iddah following a revocable divorce, the surviving spouse inherits from the deceased.

 

* If the husband gives a Baa’in Talaaq (irrevocable divorce) while he was in good health, whether this divorce was at her instance or not, and should he then die while his wife is still observing the ‘iddah of Talaaq, then she should complete the ‘iddah of Talaaq. No ‘iddah for the death of her husband will be incumbent on her nor will she inherit from his estate.

 

* If this Baa’in Talaaq (irrevocable divorce) is pronounced during the death illness (maradbui-mowt) and it was at the wifes instance, and should the husband die during the wifes ‘iddah of Talaaq, then too she should complete the ‘iddah of Talaaq and there will be no ‘iddah of death for her nor will she inherit from the deceased husband.

 

* If the Baa’in Talaaq (irrevocable divorce) is given during the death illness, not at the Instance of the wife and the husband dies during the wifes ‘iddah of Talaaq then she has to observe the ‘iddah for either divorce or death whichever period be the longer. (three full menstruation courses or delivery if there be a pregnancy for ‘iddah of divorce against four months and ten days for ‘iddah of death) In this case she will inherit from her husbands estate.

7. If the marriage be faasid (irregular) (i.e. performing nikah without witnesses or marrying two sisters at the same time etc.) and has not been consummated, no ‘iddah is necessary. But if it has actually been consummated she has to observe ‘iddah for three menstrual courses or three months if she is not subject to them. If she is pregnant then her ‘iddah will expire only on delivery. The period of ‘iddah shall begin from the time of the death of her husband. In this case the ‘iddah of four months and ten days will not apply.

 

COMMENCEMENT OF’IDDAH

1. The period of ‘iddah commences from the time of death of the husband or divorce or other causes of separation. It is not in any way affected by the wife’s ignorance of the fact that it had become due.

2. If she receives the news about the divorce or the husband’s death at a later stage but within the prescribed four months and ten days, then she will remain in ‘iddah for the remaining days required to complete the four months and ten days.

3. If she does not receive any information about the divorce or the husband’s death until such time when the prescribed period of. ‘iddah has already expired then no ‘iddah shall be waajib (incum- bent) on her.

4. If a woman is not at home at the time of her husband’s death or at the time of a divorce. She should return as soon as possible and observe the ‘iddah at home. The days of ‘iddah are calculated from the time of the demise of her husband or the time when the divorce was given.

 

PLACE OD IDDAH

1. It is incumbent upon a woman under ‘iddah to observe it in the house where she was residing at the time of the death of her lius- band or the dissolution of the marriage.

2. If the ‘iddah becomes incumbent on a wife while on a journey she should return to the place of her residence as soon as possible to observe her ‘iddah. Provided that her permanent home is within the Shar’i safar distance, and not beyond.

3. If the husband dies while the wife is estranged (but not divorced) and she is at her parents home or elsewhere she has to return imme- diately to her husband’s house and observe the ‘iddah there. This is even if the husband dies elsewhere.

 

MAINTENANCE DURING ‘IDDAH

1. In the case of the husband’s death the widow shall not be entitled to any maintenance from the estate of her husband for the period of her ‘iddah, due to being an heir. The liability of maintenance lies only on the husband and the other heirs are not responsible for the same.

2. She will inherit from the estate of her husband.

3. If she did not receive her dowry (Mebr) nor did she forgive her husband for it, she should receive it as a first charge from his estate.

 

RULES FOR OBSERVANCE OF ‘IDDAH

There are two ayahs (verses) in the Qur’aan regarding the observance of ‘iddah of death. These ayahs sufficiently denote the importance of ‘iddah.

1. And (as for) those of you who die and leave wives behind, such women should keep themselves in waiting for four months and ten days (AI.Baqarah – 234).

2. And the pregnant women, their prescribed time is that they lay down their burden (Al-Talaaq – 4).

To disregard Allah’s commands regarding, ‘iddah is a major sin. The following are important rules to be observed during ‘iddah.

 

MOURNING DURING’IDDAH

1. It is waaiib (obligatory) for an adult sane woman to mourn the death of her husband during the ‘iddah. Mourning is not waajib upon a woman who is insane or a minor, though all the other rules of ‘iddah will apply to these two as well.

2. Thus it is not permissible for a women who is in ‘iddah to adorn herself with flashy coloured clothing, wear jeweII6ry, use perfumes, apply hina (mehndi), surma or make-ups, or beautify herself in any way. Although she is certainly allowed to keep herself clean and presentable.

3. In Christian countries Muslim women must abstain from wearing black clothes during ‘iddah because this is the Christian way of mourning their dead.

4. However coloured clothes that are old and not flashy could be used and if need be surma could be applied at night for medicinal purpose, but should be removed in the morning.

5. If she is used to applying oil to her hair and she fears that not applying hair oil will result in headaches then she is allowed to use non-scented hair oil, provided the result does not enhance her beauty.

6. Mourning by the wife is not allowed for any other person besides the husband. However if the husband does not prohibit the wife, she may mourn the death of a relative for three days only.

Rasulullah S.A.W. has sternly prohibited mourning for more than three days besides the widow for her husband which is four months and ten days.

 

REMAINING IN THE HOME DURING’IDDAH

1. During the period of ‘iddah the bereaved wife should remain in the dwelling that they occupied at the time of the demise of her husband. It is not permissible (Haraam) for her to leave this house if she has sufficient provision.

2. If she is the sole bread winner with no other means of income then only is she permitted to leave her house during the day to seek her livelihood. She must return to this house before nightfall and as soon as she has completed this duty during the day.

3. It is not required that she confines herself to a certain room or that she remains silent during the ‘iddah. She should preferably occupy herself with ibaadah or any virtuous act. She may carry out any house work. She must not indulge in any sinful activity or pas- time.

4. She may leave the house for unavailable or emergency medical treatment, but should return immediately thereafter. If the distance to such services exceeds the limit of safar (77.25 km or 48 miles) she must be accompanied by a Mahram (a male member of the family whom she cannot marry by Islamic Law).

5. She may not leave the borne to visit the ill or go to a place where there is a funeral, though they be close’ relatives or even immediate neighbours.

6. She may move to another house if she cannot find sufficient accommodation in the deceased’s house by virtue of her inheritance from him, and if the remaining heirs do not allow her the use of her hus- band’s house or she is unable to observe the lslamic required purdah.

7. If the husband dies in a rented house, then if the surviving wife is able to pay the rent she must observe her ‘iddah in the same house. When she is unable to pay the rent she may move to the nearest available safe place where she must now complete her ‘iddah.

8. In case she is the sole occupant of the house where the ‘iddah has to be passed and the fear of being alone is so great that it is unbearable, so as to cause mental ill health or defect, she may shift to another house. Where the fear is not unbearable it will not be per- missible to move.

9. If the dwelling where she is residing is in a dilapidated condition and there is a risk that it may collapse or when it is insecure and there is a real threat to her chastity, honour or life, she may shift to another house, but she has to return to her home as soon as the cause of danger is removed.

 

Note: In all the instances described above where shifting from the house of the ‘iddah to another house is mentioned utmost care must be taken.

 

* that the cause be true and genuine.

* that she moves to the nearest available safe house from where she lived.

* that she completes her ‘iddah in this house. She may not move from this house again without a valid Shar’i reason.

 

PROHIBITION OF MARRIAGE DURING ‘IDDAH

1. The Qur’aan prohibits a direct proposal of the marriage to a woman observing ‘iddah and a man is allowed to give only a veiled hint to her of his desire to marry her (Surah al Baqarah – 235). It is therefore not permissible to even propose to her or to become engaged to her whilst she is observing ‘iddah.

2. The wife who is observing ‘iddah cannot lawfully contract a second marriage during the period of ‘iddah. ‘(Refer to Surah al Baqarah 232).

3. It is a kabirah (cardinal) sin to solemnise such a marriage and even to participate in it.

4. A marriage contracted by the wife during the period of ‘iddah shall be a void (baatil) marriage and shall not be recognised in Islam.

 

 

 

‘Iddah (the post marital waiting period)

by Maulana Faraz ibn Adam

Darulfiqh.com

 

 

The definition:

‘iddah (waiting period) refers to the period of time that follows a woman’s divorce or death of her husband. The length of this waiting period varies somewhat based on the situation.

 

The wisdom behind the waiting period:

• Identify pregnancy

The ‘iddah gives sufficient time to a woman to make sure she isn’t pregnant.   This is necessary to prevent confusion that could arise on who the father of the child is if the woman were to remarry and get pregnant right away.

 

• Time for reconciliation

When a divorce takes place, ‘iddah offers time to the couple to cool down and give the divorce a second thought.

 

 

• Exemplify the gravity and sanctity of marriage

‘Iddah prevents people from taking marriage to be a light affair.  Marriage is so sacred and significant that its dissolution results in a waiting period.

 

• Time to express grief

In the case of the husband passing away, the wife has been given to grieve. (al-fiqh al-islami wa adillatuhu)

 

The different waiting periods of different women:

 

1) 3 menstrual cycles

 

For that divorcee who is mature, menstruates and isn’t pregnant.

 

For example, Khalid divorced his wife Sa’eeda.  Sa’eeda was a mature woman who wasn’t pregnant.  Sa’eeda will now have to observe the ‘iddah in her matrimonial home.  Upon the expiry of her third period, she will be now free to leave the house of her former husband and can marry whom she wants.

 

2) Three consecutive ISLAMIC months

 

For that divorcee who isn’t menstruating.  This will include those women who have entered menopause.   Likewise, for some medical reason, those young women who don’t experience menstruation will also be obliged to observe three months as the waiting period.

 

If her husband divorced her on the first day of a lunar month, she will calculate three months from that date.  This will be irrespective of whether the months are of 29 days or 30 days.

 

For example, Halima was divorced and was in her late 50’s on the 1^st of rajab.  She wasn’t experiencing menstruation as she had entered menopause.  She will now observe three consecutive lunar months as her waiting period.  Hence, for the whole of Rajab, Sha’ban and Ramadhan, Halima will have to observe ‘iddah.  On the 1^st of Shawwal, her ‘iddah will end.

 

If she wasn’t divorce on the first day of an Islamic month, then she will calculate 30 days for each month.  So, after 90 days, her ‘iddah will expire.

 

For example, Aneesa was divorced on the 20^th of Rabi al-thani.  Her iddah begins from that moment; hence she will be in her ‘iddah for the rest of Rabi al-thani, the whole of Jumada al-ula, the whole of Jumada al-ukhra and the first 20 days of Rajab.  On the 20^th of Rajab, 90 days will have passed which brings the ‘iddah of Aneesa to an end.

 

3) Duration of pregnancy

That divorcee which was pregnant will be in ‘iddah until delivery.

For example, Mariam was divorced in the state of pregnancy with approximately 5 months to the delivery of the child.  Until she delivers the child, Mariam will have to observe ‘iddah.

 

4) Four months and ten days

When a husband passes away, his wife will have to observe the ‘iddah of four months and ten days.

 

Once again, if the husband passed away on the first day of a lunar month, then she will count each month and then add ten days to complete her ‘iddah.

 

For example, Aaliya’s husband passed away on the 1^st of Rabi al-awwal.  So aaliya will be in ‘iddah for Rabi al-awwal, Rabi al-thani, Jumada al-ula, jumada al-ukhra and the first ten days of Rajab.  Thus, on the 10^th of Rajab, Aaliya’s ‘iddah will expire.

 

However, if the husband passed away during the month, then his wife will calculate each month as 30 days and add a further 10 days to complete the prescribed four months and 10 days.  So in essence, the ‘iddah will be for 130 days.

 

For example, Yasmin’s husband passed away on the 12^th of dhul qa’da.  Yasmin will count 130 days from here to complete her ‘iddah.  Her ‘iddah will come to an end during Rabi al-awwal.

 

She should live in the house she used to live in at the time of her husband’s death. Leaving the home is incorrect.

 

This rule applies equally whether

 

a) a woman has had intimacy with her husband during his life-time or not

b) she had any kind of privacy with him or not

c) she had come to live with him or not

d) she menstruates or not

e) she is old or young

f) she reached the age of puberty or not.

 

However if the woman was pregnant at the time of the demise of her husband, she should remain in ‘Iddah until the child is born. This applies irrespective of the number of days or months. Even if the child was born just an hour after the husband’s death, the ‘iddah will be over.

[ummtaalib]

Waiting Period (idda) for Non-Menstruating Women Prior to Menopause

 

<QUESTION>

Can you explain to me what the judgement is for the woman whose husband has divorced her, but she has no menstrual period nor is she in menopause? I would like to know specifically the length of time of her iddah. Is it three consecutive months?

 

If you have any information please list your source. I have been told that her iddah is not over till she reaches the age of 64. Is this true? I would like to know the judgement from each of the four major madhabs.

 

<ANSWER>

In the name of Allah, Most Compassionate, Most Merciful,

 

The waiting period (idda) for a female who does not experience menstruation due to childhood (saghira), who is on menopause (a’yisa) and who has reached the age of puberty (baliga) without experiencing menstruation, will be three consecutive Islamic months.

Allah Most High Says:

 

“Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same).” (Surah al-Talaq, V.4)

 

If the women experienced menstruation for three days or more, and then her menstruation stopped, the original ruling for her is that she will have to wait until she starts menstruating again or she reaches the age of menopause (iyaas). This is according to the Hanafi and Shafi’i schools (Radd al-Muhtar, 3/508)

 

According to the Maliki and Hanbali schools, the preferred opinion is that she will wait until one year is complete. (See: al-Fiqh al-Islami wa Adillatuh, 7185)

 

The age of menopause according to the Hanafi Fuqaha is thirty years for a woman who never experienced menstruation, and fifty five years for the one who did experience menstruation, but stopped for some reason.

 

However, due to immense difficulty and hardship incurred by acting upon this ruling, the fuqaha have given a dispensation, in that the Maliki opinion of one year can be followed.

 

Imam Ibn Abidin, the great Hanafi jurist quotes al-Zahidi as saying:

“Some of our scholars used to issue a Fatwa in this issue according to the opinion of Imam Malik, because of need.” (Radd al-Muhtar, 3/509)

Many contemporary scholars have also given the same ruling. However, the following points need to be taken into consideration before acting upon this ruling:

 

1) The woman should first resort to medication. If all attempts fail, then she can act upon this ruling of one year.

2) This ruling should be passed by a Maliki judge. However, if this is difficult, then it will permissible even without the judgment.

3) If menstruation appears during this period of one year, then the Idda of three menstruations should be observed. (Imdad al-Fatawa, 2/431 & Ahsan al-Fatawa, 5/435)

 

In conclusion, a woman who does not menstruate due to illness should first resort to medication. If all attempts fail, then she can re-marry after the period of one year is over.

 

And Allah knows best

 

[Mufti] Muhammad ibn Adam

Darul Iftaa

Leicester , UK

[ummtaalib]

Visiting Family and friends whilst in Iddah

 

Question and Answer:

 

Q. Is it permissible for a woman who has been divorced to go out and visit family and friends whilst she is in her Iddah?

 

(There may be grammatical and spelling errors in the above question. Questions are published as received)

 

 

A. A woman in Iddah is obligated to remain within the confines of the marital home till her Iddah is complete. It is not permissible for a woman who is in Iddah (due to divorce or the death of her husband) to leave the home without absolute need. She cannot go out to visit family and friends during this period.

 

It will only be permissible for her to emerge from her home if there is a genuine need, eg, medical necessity or some other necessity that compels her to leave the home. She should enquire from the Ulama on such occasions whether circumstances permit leaving the home during the Iddah period.

 

 

And Allah Knows Best

Mufti Suhail Tarmahomed 

Fatwa Department

Jamiatul Ulama (KZN) 

Council of Muslim Theologians

[ummtaalib]

Some questions on what is permissible in Iddah

Rules of Iddat

 

By Mufti Shafiq Jakhura (Darul Ihsan Centre)

Posted: 4 Jamad-u-Thani 1430, 29 May 2009

 

Q.Here are some questions regarding a woman in her iddat (the mourning waiting period for a widowed woman).

Can she

1. wear colored clothes?
2. use hair oil?
3. wear ear rings to keep the piercing open?
4. step outside her home out of necessity?
5. receive guests?
6. use the phone and Internet?

 

 

A. 1) What is meant by colored clothes is those clothes which are worn to beautify oneself. Such clothes should not be worn. However, if the clothes are not new and are not generally used for beautification then they could be worn even though they may be colored. (Hindiya 1/533)

 

2) If a lady has a headache and applies oil that does not have a fragrance with the intention of medication and not with the intention of beautification then this is acceptable.

 

3) If the ear rings are worn occasionally with the intention that the ears that have been pierced do not close up and they are not exposed then this is acceptable.

 

4) It is permissible for a lady in Iddat to go into her garden, veranda and to hang the clothes. (Fataawaa Mahmoodiya 13/402)

 

5) It is not objectionable for other women to visit the lady during her Iddat, provided the laws of Shariah regarding hijab and the like are not flouted. This practice helps the bereaved lady to overcome her grief.

 

6) It is permissible to speak on the phone, read the newspaper (permissible content) and use the internet for permissible purposes.

 

And Allah Ta'ala Knows Best

[ummtaalib]

Going out to work during iddat

 

Q: My husband has given me divorce via text message saying talaaq more then three times. I have asked two muftis and three Aalims. They say I am now divorced. I am now doing iddat in my parents home. What is the Shar'ee ruling regarding a woman sitting in iddat? Can I go to work?

A: It is impermissible for a woman sitting in iddat to leave her home. Hence if the needs are being fulfilled by the family members then leaving the home for her will be impermissible. However, if there is no person to see to her needs and the expenses of the home during the iddat period and she is forced to work, then she may leave in a very unattractive way (without any make-up or any type of attractive clothing) and return as soon as the work has ended.

And Allah Ta'ala (الله تعالى) knows best.

( ولا تخرج معتدة رجعي وبائن ) بأي فرقة كانت على ما في الظهيرية ولو مختلعة على نفقة عدتها في الأصح اختيار أو على السكنى فيلزمها أن تكتري بيت الزوج معراج ( لو حرة ) أو أمة مبوأة ولو من فاسد ( مكلفة من بيتها أصلا ) لا ليلا ولا نهارا ولا إلى صحن دار فيها منازل لغيره ولو بإذنه لأنه حق الله تعالى بخلاف نحو أمة لتقدم حق العبد ( ومعتدة موت تخرج في الجديدين وتبيت ) أكثر الليل ( في منزلها ) لأن نفقتها عليها فتحتاج للخروج حتى لو كان عندها كفايتها صارت كالمطلقة فلا يحل لها الخروج فتح (الدر المختار 3/ 535-536)

قال الشامي : قوله ( لأن نفقتها عليها ) أي لم تسقط باختيارها بخلاف المختلعة كما مر وهذا بيان للفرق بين معتدة الموت ومعتدة الطلاق قال في الهداية وأما المتوفي عنها زوجها فلأنه لا نفقة لها فتحتاج إلى الخروج نهارا لطلب المعاش وقد يمتد إلى أن يهجم الليل ولا كذلك المطلقة لأن النفقة دارة عليها من مال زوجها اه قال في الفتح والحاصل أن مدار حل خروجها بسبب قيام شغل المعيشة فيتقدر بقدره فمتى انقضت حاجتها لا يحل لها بعد ذلك صرف الزمان خارج بيتها اه وبهذا اندفع قول البحر إن الظاهر من كلامهم جواز خروج المعتدة عن وفاة نهارا ولو كان عندها نفقة وإلا لقالوا لا تخرج المعتدة عن طلاق أو موت إلا لضرورة فإن المطلقة تخرج للضرورة ليلا أو نهارا اه ووجه الدفع أن معتدة الموت لما كانت في العادة محتاجة إلى الخروج لأجل أن تكتسب للنفقة قالوا إنها تخرج في النهار وبعض الليل بخلاف المطلقة وأما الخروج للضرورة فلا فرق فيه بينهما كما نصوا عليه فيما يأتي فالمراد به هنا غير الضرورة ولهذا بعد ما أطلق في كافي الحاكم منع خروج المطلقة قال والمتوفي عنها زوجها تخرج بالنهار لحاجتها ولا تبيت في غير منزلها فهذا صريح في الفرق بينهما نعم عبارة المتون يوهم ظاهرها ما قاله في البحر فلو قيدوا خروجها بالحاجة كما فعل في الكافي لكان أظهر (رد المحتار 3/ 536)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

[MUSLIM WOMAN]

 

Marrying a woman in the state of iddat

 

Q: A woman got married to another man right after her divorce without completing her iddat. What is the status of her marriage to the other man. Is the nikaah valid?

 

A: Marrying a woman who is in the state of iddat is haraam in Islam. If the one who married her knew that she had not yet completed her iddat, then he should immediately separate her (whether he had relations with her or not) and allow her to complete her iddat. The iddat will be calculated from the time she was divorced. Recommencing a new iddat will not be compulsory upon her. After the completion of her iddat, if he wishes to marry her, he may marry her.

 

If he did not know at the time of the nikaah that she was in iddat and after marrying her he had relations with her, then he should immediately separate her and she should sit for a complete iddat from the time he separates her (i.e. she will recommence her iddat from the time he separates her). Thereafter if he wishes to marry her, he may do so. However if he did not have relations with her, then he should immediately separate her and allow her to complete her iddat. After completing the iddat, if he wishes he may marry her.

And Allah Ta'ala (الله تعالى) knows best.

 

أما نكاح منكوحة الغير ومعتدته فالدخول فيه لا يوجب العدة إن علم أنها للغير لأنه لم يقل أحد بجوازه فلم ينعقد أصلا فعلى هذا يفرق بين فاسده وباطله في العدة ولهذا يجب الحد مع العلم بالحرمة لكونها زنا كما في القنية وغيرها اه (رد المحتار 3/ 516)

لا يجوز للرجل أن يتزوج زوجة غيره وكذلك المعتدة كذا في السراج الوهاج سواء كانت العدة عن طلاق أو وفاة أو دخول في نكاح فاسد أو شبهة نكاح كذا في البدائع (الفتاوى الهندية 1/ 280)

فتاوى محمودية 16/ 319

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

[ummtaalib]

Getting married during iddat

 

Q:

1. If a woman is divorced while she was two months pregnant. During her iddat she makes nikaah with another person but refrains from having relationship with him till she delivers. Is this lawful?

2. What should a woman involved in such a problem do?

A:

1. The iddat of a pregnant woman terminates upon the delivery of the child. It is haraam for her to get married to any person during the iddat period. She should immediately leave the person she married and observe her iddat. After the iddat if she wishes to marry, then she may marry.

2. She should sincerely repent for the wrongs she has committed and thereafter observe iddat.

And Allah Ta'ala (الله تعالى) knows best.

وعدة الحامل أن تضع حملها كذا في الكافي ... وسواء كانت عن طلاق أو وفاة أو متاركة أو وطء بشبهة كذا في النهر الفائق (الفتاوى الهندية 1/528)

ولا يجوز نكاح منكوحة الغير ومعتدة الغير عند الكل (تاتارخانية 3/ 4)

لا يجوز للرجل أن يتزوج زوجة غيره وكذلك المعتدة كذا في السراج الوهاج سواء كانت العدة عن طلاق أو وفاة أو دخول في نكاح فاسد أو شبهة نكاح كذا في البدائع (الفتاوى الهندية 1/ 280)

( ولا تخرج معتدة رجعي وبائن ) بأي فرقة كانت على ما في الظهيرية ولو مختلعة على نفقة عدتها في الأصح اختيار أو على السكنى فيلزمها أن تكتري بيت الزوج معراج ( لو حرة ) أو أمة مبوأة ولو من فاسد ( مكلفة من بيتها أصلا ) لا ليلا ولا نهارا ولا إلى صحن دار فيها منازل لغيره ولو بإذنه لأنه حق الله تعالى بخلاف نحو أمة لتقدم حق العبد ( ومعتدة موت تخرج في الجديدين وتبيت ) أكثر الليل ( في منزلها ) لأن نفقتها عليها فتحتاج للخروج حتى لو كان عندها كفايتها صارت كالمطلقة فلا يحل لها الخروج فتح (الدر المختار 3/ 535-536)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

[ummtaalib]

Regulating a prolonged menstrual cycle during Iddah

 

Question and Answer:

 

Q. I recently got divorced and I’m in Iddah. I finished my two periods but my third is taking longer than usual to come. It has now been over a month. Can I take the pill to regulate my period or will my Iddah be over because 3 months finished?

 

(Question published as received)

 

 

A. You can take the pill to regulate your period together with consulting a doctor. You will have to wait for your 3rd menstrual cycle to complete for the termination of your Iddah as this is the law of the Qur’an with regards to menstruating women. The Iddah will not end after 3 months as this rule only applies to non-menstruating women.

 

And Allah Ta’ala Knows Best

Mufti Suhail Tarmahomed

Confirmation:

Mufti Moosa Salie

 

Fatwa Department

Jamiatul Ulama (KZN)

[ummtaalib]

Iddah duration for a revert

 

Q. Respected mufti sahib, A womans husband died,at that time she is a non,muslim ,immediately after that a muslim wants to marry.she is prepared to accept islaam prior to nikah.what iddah must she observe before nikah. is it three menstrual cycles or four months and ten days

 

(Question published as received)

 

A. It is compulsory on her to wait out the Iddah period before performing Nikah. Her Iddah will be four lunar months and ten days (130 days) as per the verse of the Qur’an which stipulates that the Iddah of a woman whose husband has passed away is four months and ten days. (Qur’an, 2: 234, Bada’i’us Sanai’i, Vol: 3, Pg: 192)

 

After the completion of her Iddah, she may get married to a Muslim man if she accepts Islam.

 

And Allah Knows Best

 

Mufti Suhail Tarmahomed

Confirmation:

Mufti Moosa Salie

 

Fatwa Department

Jamiatul Ulama (KZN)

[ummtaalib]

Maintenance for a Widow

 

Q. After a woman is divorced, the ex-husband is responsible for the ex-wife’s maintenance during the Iddah period. Is it the same case when a women’s husband passes away. Will the deceased’s husband wife be entitled to receive maintenance from the estate of her deceased husband during the Iddah period?

 

(Question published as received)

 

 

A. During the Iddah period of divorce, it is the ex-husbands responsibility to maintain the ex-wife until her Iddah period terminates. However, in the case of the Iddah period of death, the wife is not entitled to maintenance from her deceased husband or his estate. She is entitled to her share of inheritance from her deceased husband’s estate. (Al Lubaab Fi Sharhil Kitaab 1/290)

 

As there is usually a delay in winding up the estate, the executor of the estate should ensure that funds required for the maintenance of the widow be made available to her from her share of the estate, if so required.

 

Note: The Iddah period of divorce is three menstrual for a menstruating woman or three months for a non-menstruating woman. The Iddah period of death is four months and ten days.

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Confirmation:
Mufti Ebrahim Desai

 

(Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) 

 

Fatwa Department

Jamiatul Ulama (KZN)

[ummtaalib]

Exact commencement time of Iddah for a widow

 

Q. Asalamwalaykum molana. My question is that if a women's husband passes away and he is burried 2 days later;  does the iddat of the women begin the day of the  death or the day of the burial? JazakAllah

 

(Question published as received)

 

A. Allah Ta'ala mentions the law of Iddah in the Quran:

 

“For those men who die amongst you and leave behind wives, they (the wives) must confine themselves (observe Iddah) for four months and ten days.” (Baqarah)

 

Thus, the Iddah period of a wife begins immediately from the death of her husband and not from the time of his burial. (Shaami 3/506)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

 

Confirmation: 

Mufti Ebrahim Desai

 

(Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) 

 

Fatwa Department

Jamiatul Ulama (KZN)

[ummtaalib]

Iddat for a woman in Nifaas

 

Q. Muhtaram Mufti Saheb, A womans husband passed away while she was in the nifaas period after giving birth to his child. Is there iddat for her ? جزاكم الله خيرا

 

(Question published as received)

 

A. If a woman became widowed after she had given birth and whilst she was experiencing post-natal bleeding (Nifaas), she will observe the Iddah period of death which is four Months and ten days. The same ruling applies to a woman who became widowed whilst she was experiencing Haidh (menstruation) or Isthihaadha (irregular bleeding).

 

On the other hand, if a woman became widowed whilst being pregnant, she will also observe the Iddah period. However, her Iddah period will terminate at the birth of the child and not at four Months and ten days. This is irrespective if she gave birth a few hours, days or Months after she became widowed. In other words, there is no time limit to her Iddah period apart from the birth of the child. (Tuhfatul Fuqahaa 2/243)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

 

Confirmation: 

Mufti Ebrahim Desai

 

(Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) 

 

Fatwa Department

Jamiatul Ulama (KZN) 

Council of Muslim Theologians

[ummtaalib]

The Fiqh and Wisdom of observing ʻIddah

By Mufti ʻAbd al-Qādir Ḥusayn

 

In the dictionary the word Iddah means counting in terms of quantity. But for all intents and purposes Iddah in the context of when a husband has divorced his wife or when a husband has passed on – according to the jurists and fuqaha – will mean the lady has to observe Iddah. The waiting period until the counting period ends.

 

The Iddah for a divorced lady:

Whenever clarity on any issue is sought, the first point of reference is the Noble Quran. All Mighty Allah SWT states: the ladies who have been divorced will wait with themselves for three qurooh. Because the Arabic language is so unique and rich, certain words have two opposite meanings. In the Hanafi and Hanbali madhabs, when the husband divorces his wife by giving one or two or three talaqs, the Iddah will be the duration of three menses. So the ideal situation will be for the husband to divorce his wife in the period of cleanliness and in that period he has not fulfilled the conjugal rights with his wife, he issues the talaq either verbally or in writing. After the third menses ends, the Iddah has concluded. However another meaning of qurooh is tuhur which means cleanliness theretofore according to the Maliki and Shafi madhabs three periods of cleanliness have to pass. That is if a husband gave his wife talaq during her period of cleanliness, her Iddah begins, counting that period as the first period of cleanliness. Once the third period of cleanliness ends, the Iddah has concluded. The reason for differences of opinion in verdict between the different schools of thought is because Arabic words have different meanings and to understand this text and context need to be looked at. Another interesting issue connected to this: a husband has married his wife but he has not gone into Khalwah (privacy) with her and they have not consummated their marriage, and just after the nikah they have a heated argument in the presence of some people and the husband issues talaq. All Mighty Allah has addressed this issue also, “O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no iddah (divorce prescribed period) have you to count in respect of them. So give them a present, and set them free (i.e. divorce), in a handsome manner.” (Al-Ahzab-49) Immediately after the divorce the woman is able to marry another man. It is important to note that even if the marriage was not consummate but the married couple were alone, in privacy together, and then Iddah becomes necessary.

 

The Iddah for a lady who is pregnant and given talaq:

Whenever a lady is pregnant and the husband passes away or the husband issues a talaq or a fasakh takes place then:

 

• When the husband passes away – the woman becomes a widow.
• When the husband issues a talaq – the woman becomes a divorcee.
• When fasakh takes place – fasakh means that the husband is oppressing the wife, and he does not maintain and sustain her, give her food, shelter, clothing, and he wants her to work, he could be assaulting her, and he refuses to divorce her because of ignorance and arrogance, the woman seeks assistance from Ulama or other scholars, a court case is held, he is found guilty and the marriage is annulled.

 

In all these cases –once the woman gives birth, irrespective of the time from which either death of the husband takes place, divorce was issued or annulment given, her Iddah expires.

 

Iddah for a widow:

There are three different scenarios in the case when a woman’s husband passes away.

 

The Quraan Kareem addresses this issue and says that it is a period of four months and ten days. Example if a woman’s husband passes away on the 28^th Rabbi ul Awwal or February 1, the counting of 130 days will begin from the day of death on either the Gregorian or Islamic calendar.

 

However the fuqaha and jurists note: if a woman’s husband passes away on the beginning of the Islamic lunar month, the first of any of these months, in these cases one will take into consideration the months and the days Islamically. For example if the death occurred on Ramadaan 1, then Ramadaan, Shawwaal, Dhul Qadah and Dhul Hijjah and ten days of Muharram form part of the Iddah period. After the 10^th of Muharram the Iddah is then complete. Therefore months and days are taken into consideration when death occurs on the first of an Islamic lunar month.

 

If the husband passes away and the wife is pregnant Iddah expires after the woman gives birth, irrespective of the time left for birth to take place.

 

The rationale behind Iddah

Many people want to know why islam has “imposed” Iddah on the lady and not the man. There is no Iddah upon men. When a man’s wife passes away he doesn’t have a waiting period. There are multiple reasons why a woman has to sit in Iddah when her husband passes away or when she is divorced. When the wife has been divorced, it might be the first talaq or the second, there is still room for reconciliation and reconciliation is the best. The Quran encourages the husband, “take back your wife but with equity and justice,” not to cause her harm. The first rationale is that if one or two talaqs have only been given the marriage can still be salvaged. During the Iddah differences can be resolved and there is room for reconciliation to take place. In the Iddah a new nikah does not need to be performed.  The two people are still able to reconcile after the Iddah has expired but a new nikah then has to be performed, this is after one or two talaqs have been given.

 

Sometimes it occurs that after a woman’s husband passes away or she has been divorced that she learns she is pregnant. A woman must first deliver her baby as she cannot before she can enter a marriage with a man while carrying another man’s child.

 

Islam says this institution of marriage is so sacrosanct that it is in this world and will continue in the year after. The dichotomy is that while specific people in this world perform the nikah, there Allah SWT performs the nikah. To maintain and retain the sanctity of nikah, Allah says that when nikah takes place Iddah must take place when it ends. It proves that marriage is not a play thing, where one can be married to different people at any time. Being able to enter and leave a marriage at any time undermines the sanctity and importance of marriage.

 

When a woman’s husband passes away or she has been given a divorce, it is the husband’s right upon the woman that she sits in Iddah. When she wants to resettle she will need time and not be caught on the rebound and manipulated to enter another marriage during a moment of difficulty.

 

Rules of Iddah:

The rules differ slightly in different cases:

 

When a husband gives his wife one or two revocable divorces, according to all scholars, the husband has to provide his wife with shelter, food and clothing. The woman has to stay in the house of her husband after the first or second talaq. She should adorn or beautify herself and try to rebuild the marriage. There is room for reconciliation.

 

When a husband gives his wife three talaqs, the Iddah will be according to the three qurooh as explained above. According to the Hanafi madhab, the husband has to provide the woman with shelter and food etc. The Shafi madhab states the husband has to only provide the woman with shelter and nothing else in this case. In the Hanbali madhab the husband does not have to provide the wife with either of these, shelter or maintenance during the Iddah. During her Iddah the woman is not able to adorn herself, and it must be looked at as a sad time because a marriage has just been totally broken. There is no room for reconciliation because three talaqs have been issued.

 

Going out to work during Iddah:

If the husband issues the talaq there is no need for the woman to work when the husband is responsible. Islamically she must be aware that the husband is responsible for maintenance during the Iddah period. After the Iddah has expired the husband is no longer responsible for maintenance.

 

When a woman’s husband passes away, the inheritance a woman receives should maintain and sustain her or the woman’s children (sons) should be responsible.

 

The affluent community is able to provide the woman with zakaah during her Iddah period. There are isolated cases when a woman is given permission to work during the Iddah period but in most circumstances permission is not given for the woman to work during the Iddah period because there are other alternatives.

 

If a woman does not observe Iddah correctly either after divorce or after death then she is guilty of a major sin. All the loopholes used to try and justify are unacceptable and regarded as feeble excuses.

 

If a woman marries someone while she is in Iddah either after divorce or after death, the nikah is null and void and is unaccepted, according to all four madhabs . The man and woman are regarded as living in sin.

 

If a husband issues a diivorce, a suitor is able to approach the woman who has been issued the divorce – through his mother or sisters etc – and speak about marriage implicitly and not in a direct manner.

 

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[ummtaalib]

Iddat of a pregnant woman

 

Q: I wish to know if I divorce my wife by one talaaq while she is pregnant and she gives birth after one month, does the iddat end there or is it a minimum of three months from the day of divorce?

A: The iddat of a pregnant woman terminates upon the delivery of the child.

And Allah Ta'ala (الله تعالى) knows best.

وعدة الحامل أن تضع حملها كذا في الكافي ... وسواء كانت عن طلاق أو وفاة أو متاركة أو وطء بشبهة كذا في النهر الفائق (الفتاوى الهندية 1/528)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

[ummtaalib]

Iddat of a lady who had a miscarriage

 

Q: I was given three talaqs through whattsapp whilst I was pregnant. I had a miscarriage on the first day of the forth month (exactly 16th week), how long is my iddat? Is the bleeding after the miscarriage nifaas or haidh?

A:

1. The Shar'ee ruling in regard to the iddat of a pregnant woman who has a miscarriage is that if the limbs of the foetus are formed, then through the miscarriage her iddat will end. Hence, since the foetus is formed before four months, your iddat has ended. 

2. Regard the bleeding after the miscarriage as nifaas.

And Allah Ta'ala (الله تعالى) knows best.

والسقط إن ظهر بعض خلقه من أصبع أو ظفر أو شعر ولد فتصير به نفساء هكذا في التبيين وإن لم يظهر شيء من خلقه فلا نفاس لها فإن أمكن جعل المرئي حيضا يجعل حيضا وإلا فهو استحاضة (هندية 1/37)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)