Iddah (waiting time after declaration of divorce)
Question:
Is Iddat mandatory whatever the case may be e,g.
1.Husband and wife are leaving in different countries from last 6 months.
2 Wife has reached the age of 65 years or no menses from last 5 years.
3. Extratomy done and there is no chance of pregnancy.4 Blood test proved that there is no pregnancy.
Thanks..
Answer:
In my understanding the only reason for Iddah (waiting period after the divorce) is to establish with absolute certainty whether the woman is pregnant or not. Accordingly it is my understanding that where it can be established with absolute certainty and with no shadow of doubt and possibility for speculations that the wife is not (or could not be) pregnant then the wife does not need to keep Iddah.
We read in the Qur’an a reference to a case where there is no chance that pregnancy could have happened and the directive is that in this case the Iddah is not needed:
يَأَيهُّا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونهَا …
Believers! When you marry Muslim women, and then divorce them before you have touched them, you have in their case no waiting period which you should reckon … . (33:49)
We also read references to the cases where pregnancy was not expected yet there could be some doubt and in these cases the directive is that Iddah needs to be in place:
وَ الَّى يَئسْنَ مِنَ الْمَحِيضِ مِن نِّسَائكمُْ إِنِ ارْتَبْتُمْ فَعِدَّتهُُنَّ ثَلَاثَةُ أَشْهُرٍ وَ الَّى لَمْ يحَضْن …
And those of your women who have ceased menstruating and they also who have not menstruated [in spite if reaching its age], if you have any doubts about them, then their waiting period is three months … . (65:4)
You can apply the above principle to each of the cases you mentioned in your question. Please note that this answer is based on the Shar'i (legal) point of view only, disregard of any cultural or social expectations and disregard of the laws of the country which of course the person has to abide with.
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Related topics:
- Iddah After Separation
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February 2013
Is Iddat mandatory whatever the case may be e,g.
1.Husband and wife are leaving in different countries from last 6 months.
2 Wife has reached the age of 65 years or no menses from last 5 years.
3. Extratomy done and there is no chance of pregnancy.4 Blood test proved that there is no pregnancy.
Thanks..
Answer:
In my understanding the only reason for Iddah (waiting period after the divorce) is to establish with absolute certainty whether the woman is pregnant or not. Accordingly it is my understanding that where it can be established with absolute certainty and with no shadow of doubt and possibility for speculations that the wife is not (or could not be) pregnant then the wife does not need to keep Iddah.
We read in the Qur’an a reference to a case where there is no chance that pregnancy could have happened and the directive is that in this case the Iddah is not needed:
يَأَيهُّا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونهَا …
Believers! When you marry Muslim women, and then divorce them before you have touched them, you have in their case no waiting period which you should reckon … . (33:49)
We also read references to the cases where pregnancy was not expected yet there could be some doubt and in these cases the directive is that Iddah needs to be in place:
وَ الَّى يَئسْنَ مِنَ الْمَحِيضِ مِن نِّسَائكمُْ إِنِ ارْتَبْتُمْ فَعِدَّتهُُنَّ ثَلَاثَةُ أَشْهُرٍ وَ الَّى لَمْ يحَضْن …
And those of your women who have ceased menstruating and they also who have not menstruated [in spite if reaching its age], if you have any doubts about them, then their waiting period is three months … . (65:4)
You can apply the above principle to each of the cases you mentioned in your question. Please note that this answer is based on the Shar'i (legal) point of view only, disregard of any cultural or social expectations and disregard of the laws of the country which of course the person has to abide with.
----------------
Related topics:
- Iddah After Separation
----------------
February 2013
