Multiple purposes of Iddah in Islamic jurisprudence

[ummtaalib]

Q. I came across an article claiming:

“Hence the basic purpose of iddah is to determine whether a lady is pregnant or not. This is necessary to protect the lineage of the child. Hence in all cases where one is absolutely sure that the divorcee/widow is not pregnant there shall be no iddah. Obviously in such a case there shall be no other restrictions of the iddah as well.”

Is this true?

 

A. The article you came across contains a misunderstanding of the principles and objectives of iddah (waiting period). According to Islamic jurisprudence, the purpose of iddah extends beyond just determining whether a woman is pregnant. The iddah serves multiple purposes in Islamic jurisprudence:

 

1.       Ta'abbud (عبادة): It is an act of worship and obedience to Allah's command.

2.       Hifz al-ansab (حفظ الأنساب): Protecting lineage, which includes but is not limited to determining pregnancy.

3.       Ihtiyat (احتياط): Precaution, as pregnancy may not be immediately apparent.

4.       Hidad (حداد): Mourning period for widows.

5.       Opportunity for reconciliation in cases of revocable divorce.

6.       Psychological and emotional adjustment for the woman.

 

The claim that "in all cases where one is absolutely sure that the divorcee/widow is not pregnant there shall be no iddah" contradicts the consensus (ijma') of Islamic scholars and the clear textual evidence from the Quran and Sunnah.

Allah Ta’ala states in the Quran:

 

"And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]." (Surah Al-Baqarah, 2:234)

 

"Divorced women remain in waiting (Iddah) for three periods …" (Surah Al-Baqarah, 2:228)

 

These verses do not make an exception for women who are not pregnant.

 

Therefore, it is obligatory to observe the iddah period as prescribed by Islamic law, regardless of the certainty of pregnancy. The iddah period remains obligatory even when pregnancy is ruled out, as it serves multiple purposes beyond determining pregnancy.

 

And Allah Ta’ala Knows Best

 

Mufti Moosa Salie

Mufti Taahir Hansa

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

 

Fatwa Department
Jamiatul Ulama (KZN) 
Council of Muslim Theologians