‘Iddah is the waiting period a woman observes after she is divorced or widowed. The primary objective of ‘iddah is to ascertain whether a woman is pregnant. ‘Iddah of a divorcee is determined by her menstrual cycles, as stated in Surat al-Baqarah, “Divorced women must wait for three menstrual cycles” (2:228).
The Fiqh of It
‘Iddah Rulings Related to a Divorcee
- If a husband divorces his non-pregnant wife, after the marriage has been consummated or the opportunity for consummation was present, her ‘iddah will be 3 consecutive menstrual cycles. The laws of ‘iddah begin from the moment the divorce is issued until she attains purity from her third menstruation (hayd).
- If a divorce was issued before the marriage was consummated or before the opportunity for consummation was present, there is no ‘iddah prescribed for her.
- If she is pregnant, her ‘iddah will end when she delivers her child. In the case where she is carrying more than one baby, her ‘iddah will end at the birth of her last child.
- If she suffers a miscarriage early in the pregnancy, and the foetus does not have any discernible features, her ‘iddah will be 3 hayds.
- If a woman no longer menstruates, her ‘iddah will be 3 months, starting from the day the divorce was issued. If the divorce was given on the first day of the lunar month, she will count her ‘iddah according to the sighting of the new moon. Otherwise, she will simply count 90 days.
- If a woman’s menstrual cycle has temporarily stopped, due to breastfeeding for example, her ‘iddah will be 3 hayds. If the purity extends indefinitely, she can take medication to stimulate menstruation. However, she should consult with a medical professional as well as a reputable scholar.
It is sinful to issue a divorce during hayd or post-natal bleeding (nifas) as it unnecessarily prolongs ‘iddah. However, such a divorce will be valid. Moreover, the hayd in which the divorce is issued will not be counted as one of her 3 hayds.
‘Iddah Rulings Related to a Widow
- The ‘iddah of a widow is 4 months and 10 days, as long as she is not pregnant.
- If she is pregnant, her ‘iddah will end when she gives birth to the child.
- If she suffers a miscarriage early in the pregnancy, and the foetus does not have any discernible features, her ‘iddah will be 4 months and 10 days.
