Fiqh

lddah of Divorce

213-214

 

– If a woman does not see Haidh in spite of being the age of women who normally

see Haidh, if her husband divorces her after sexual intercourse, she should observe lddah for three months after divorce.

– If a woman whose lddah is of three months, is divorced on the first of a month, she should observe lddah for three lunar months, that is, for three months from the time the moon is sighted. And if she is divorced during the month, she should observe lddah for the remaining days in the month added to two months thereafter, and again for the balance from the fourth month so as to complete three months. For example, if she is divorced on the 20th of the month at the time of sunset and that month is of 29 days, she should observe lddah for nine days of that month and the two months following it, and for twenty days of the fourth month. In fact, the obligatory precaution is that in the fourth month, she should observe lddah for twenty one days so that the total number of the days of the first month and the fourth month comes to thirty.

– If a pregnant woman is divorced, her lddah lasts till the birth or miscarriage of the child. Hence, if, for example, she gives birth to a child one hour after being divorced, her lddah is over. But this is in the case of a legitimate child of the husband who is divorcing. If the pregnancy is illegitimate, and her husband divorces her, the lddah will not be over.

-If a woman who has completed nine years of age, and is not in menopause, contracts a temporary marriage, for example, if she marries a man for a period of one month or a year and the period of her marriage comes to an end, or her husband exempts her from the remaining period, she should observe lddah. If she sees Haidh, she should observe lddah for two periods of Haidh, and cannot marry again during that period. But if she does not see Haidh, then she should refrain from marrying another man for forty five days. And if she is pregnant, she should observe lddah till the birth or miscarriage of the child, or for forty five days and as a recommended precaution, she should wait for whichever period is longer.

-The time of the lddah of divorce commences when the formula of divorce is pronounced, irrespective of whether the wife knows about it or not. Hence, if she comes to know after the end of the lddah that she had been divorced, it is not necessary for her to observe lddah again.

lddah (waiting period)

– If a woman is free and is not pregnant and her husband dies, she should observe lddah (the waiting period) for four months and ten days, that is, she should not marry during that period even if she has entered into menopause or her husband had contracted temporary marriage with her, or he may not have had sexual intercourse with her. If, however, she is pregnant, she should observe the waiting period till the birth of the child. But if the child is born before the end of four months and ten days from the death of her husband, she should wait till the expiry of that period. This period is called the waiting period after death (lddatul Wafat).

-It is haram for a woman who is observing the lddah of death to wear brightly colored dress, or to use surma and to do any such act which is considered to be an adornment.

– If a woman becomes certain that her husband has died, and marries another man after the completion of lddah of death, and later on learns that her husband had died later, she should separate herself from her second husband. And as a precaution, if she is pregnant, she should observe lddah of divorce for the second husband till she gives birth to a child, and should thereafter observe lddah of death for the first husband. But if she is not pregnant, she should first observe lddah of death for her first husband and thereafter she should observe lddah of divorce for the second husband.

-The lddah of death begins, in the situation when the husband has disappeared or is absent, when the wife learns of his death, and not from the time when he actually died. But this rule does not apply to a wife who has not attained the age of Bulugh, or if she is insane.

-If a woman says that her lddah is over, her word can be accepted unless she is known to be unreliable, in which case, her word will not be accepted. For example, if she claims to have seen blood three times in the month, her claim will not be trusted, except when her women relatives confirm that it is her habit.

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