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'Iddah (Female Menstrual Waiting Period): Difference between revisions
'Iddah (Female Menstrual Waiting Period) (view source)
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*'''A divorced woman''': The waiting period is 3 menstrual cycles. (On paper; in actuality she would not get the attention, love, or support and emotional help from any man for 6 menstrual cycles. The first 3 menstrual cycles are the process of Divorce, during which time she cannot not leave the husband's house, and her husband cannot touch her. And after the divorce, again she has to endure another "waiting period" of 3 more menstrual cycles with many restrictions. She practically has to stay under these strict restrictions for about 6 months). | *'''A divorced woman''': The waiting period is 3 menstrual cycles. (On paper; in actuality she would not get the attention, love, or support and emotional help from any man for 6 menstrual cycles. The first 3 menstrual cycles are the process of Divorce, during which time she cannot not leave the husband's house, and her husband cannot touch her. And after the divorce, again she has to endure another "waiting period" of 3 more menstrual cycles with many restrictions. She practically has to stay under these strict restrictions for about 6 months). | ||
Muslim scholars defend these restrictions upon the women in 'Iddah. They claim that rulings of 'Iddah could neither be abolished, nor could they be changed as the rulings of the [[Shari'ah (Islamic Law)| Islamic Sharia]] are based upon wisdom, justice and the best interests of the women, and they protect the women against the gender oppression and misogyny, while the man made laws of the modern Western world lead to the sexual exploitation of the women<ref>[https://islamqa.info/en/answers/39286 Islam Question Answer Fatwa Website: Is it correct to think that fatwas may vary according to time and place?] </ref><ref>[https://yaqeeninstitute.org/read/paper/women-in-islamic-law-examining-five-prevalent-myths Women in Islamic Law: Examining Five Prevalent Myths]</ref>. | |||
==The different lengths of the waiting periods and their reasons== | ==The different lengths of the waiting periods and their reasons== | ||
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*'''A prisoner/slave woman''': The waiting period is becoming free from the blood of the first menstrual cycle<ref name=":3">[https://web.archive.org/web/20201219104233/https://www.iium.edu.my/deed/lawbase/risalah_maliki/book33.html 'Idda, Istibra' and Maintenance]</ref>. The reason is to determine the PARENTAGE of the child. Islam considers first menstrual cycle as enough to determine if a woman is pregnant or not. | *'''A prisoner/slave woman''': The waiting period is becoming free from the blood of the first menstrual cycle<ref name=":3">[https://web.archive.org/web/20201219104233/https://www.iium.edu.my/deed/lawbase/risalah_maliki/book33.html 'Idda, Istibra' and Maintenance]</ref>. The reason is to determine the PARENTAGE of the child. Islam considers first menstrual cycle as enough to determine if a woman is pregnant or not. | ||
*'''A divorced woman''': The waiting period is 3 menstrual cycles. The reason is to give time to the couple to solve their dispute during this period<ref name=":3" /><ref name=":0">[https://brill.com/view/book/9789047426202/Bej.9789004172739.i-227_018.xml Reason for the waiting period]</ref>. | *'''A divorced woman''': The waiting period is 3 menstrual cycles. The reason is to give time to the couple to solve their dispute during this period<ref name=":3" /><ref name=":0">[https://brill.com/view/book/9789047426202/Bej.9789004172739.i-227_018.xml Reason for the waiting period]</ref>. | ||
*'''A widowed woman''': The waiting period is 4 months and 10 days. The reason is to give time to the woman to MOURN the death of her husband<ref name=":3" /><ref name=":0" />. | *'''A widowed woman''': The waiting period is 4 months and 10 days. The reason is to give time to the woman to MOURN the death of her husband<ref name=":3" /><ref name=":0" />. | ||
*'''A pregnant woman''': The waiting period is up to 9 months (till the birth of the baby). The reason is to prevent that another man (as 2nd husband) could "water" the fetus from the previous husband<ref name=":3" /><ref>[https://quranx.com/Hadith/AbuDawud/DarusSalam/Hadith-2158/ Sunnan Abu Dawud, Hadith 2158]</ref>. | *'''A pregnant woman''': The waiting period is up to 9 months (till the birth of the baby). The reason is to prevent that another man (as 2nd husband) could "water" the fetus from the previous husband<ref name=":3" /><ref>[https://quranx.com/Hadith/AbuDawud/DarusSalam/Hadith-2158/ Sunnan Abu Dawud, Hadith 2158]</ref>. | ||
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Moreover, it is also claimed that 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. | Moreover, it is also claimed that 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. | ||
====Criticism upon the 'Iddah in case of Talaq al-Sunnah (i.e. Triple Talaqs in 3 different sittings) ==== | ====Criticism upon the 'Iddah in case of Talaq al-Sunnah (i.e. Triple Talaqs in 3 different sittings)==== | ||
In case of Talaq al-Sunnah, '''the process of divorce''' itself takes the time of 3 menstrual cycles, during which husband is not allowed to touch the woman<ref name=":1" /><ref name=":2" />. Therefore, this process of divorce (which is 3 menstrual cycles long) is itself enough to make sure if the woman is pregnant or not (as the husband has not touched her during this period). | In case of Talaq al-Sunnah, '''the process of divorce''' itself takes the time of 3 menstrual cycles, during which husband is not allowed to touch the woman<ref name=":1" /><ref name=":2" />. Therefore, this process of divorce (which is 3 menstrual cycles long) is itself enough to make sure if the woman is pregnant or not (as the husband has not touched her during this period). | ||
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[al-Baqarah 2:228]}} | [al-Baqarah 2:228]}} | ||
==== Criticism upon the Islamic Ruling that in case of Divorce too, woman has to stay in the house of her ex-husband during the period of 'Iddah ==== | ====Criticism upon the Islamic Ruling that in case of Divorce too, woman has to stay in the house of her ex-husband during the period of 'Iddah==== | ||
Not only the widow has to compulsorily stay in the house of deceased husband during 'Iddah, but in case of divorce too, a woman has to compulsorily stay in the house of ex-husband: | Not only the widow has to compulsorily stay in the house of deceased husband during 'Iddah, but in case of divorce too, a woman has to compulsorily stay in the house of ex-husband: | ||
{{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.}} | {{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.}} | ||