πͺπΌπΊπ²π»'π ππ²π»π²π³πΆππ (229)
14 September 2024 β’ 3.93K views
When the actual βIddah calculation conflicts with the law of the land
The questioner states that she is married and resides in the United Arab Emirates. Her husband divorced her on a Wednesday, and on Friday she began her menstrual cycle. The following month, she had her period again, and then once more after another month. She asks if, with these three menstrual cycles, her waiting period (βiddah) has ended. She also mentions that in the UAE, a divorce is not considered final unless there are two just witnesses or both the husband and wife acknowledge it before a judge. A month after the divorce, both parties confirmed it before a judge, who ruled that the waiting period would begin from the day of the acknowledgment. Should she calculate her βiddah based on her menstrual cycles, or according to the judge's ruling?
Sheikh Yahya αΈ₯afidhahullΔh:
The waiting period for a divorced woman ends after three menstrual cycles (qurΕ«β), according to the statement of AllΔh:
{ ΩΩΩ±ΩΫ‘Ω
ΩΨ·ΩΩΩΩΩΩΩΩ°ΨͺΩ ΫΩΨͺΩΨ±ΩΨ¨ΩΩΨ΅Ϋ‘ΩΩ Ψ¨ΩΨ£ΩΩΩΩΨ³ΩΩΩΩΩΩ Ψ«ΩΩΩΩΩ°Ψ«ΩΨ©Ω ΩΩΨ±ΩΩΫ€Ψ‘ΰ£²}
"Divorced women shall wait by themselves for three menstrual cycles" [SΕ«rah Al-Baqarah: 228]
According to the correct view, Al-Qur' refers to the menstrual cycle - due to the statement of the Prophet ο·Ί:
((Ψ₯ΩΨ°ΩΨ§ Ψ£ΩΨͺΩΩ ΩΩΨ±ΩΨ€ΩΩΩ ΩΩΩΨ§Ω ΨͺΩΨ΅ΩΩΩΩΩ))
"Do not pray when your Qur' (I.e. Menstrual cycle) begins"
A woman does not refrain from prayer during purity, she only does so during her menstrual periods. Therefore, if a woman has experienced her first, second, and third menstrual cycles after the divorce, her βiddah has come to an end.
As for the judgeβs ruling, it is based on legal procedures that require the divorce to be acknowledged. This ruling does not affect the religious calculation of the waiting period. A woman should consider her βiddah to have ended after the three menstrual cycles, but if the legal authorities require something different, she may need to comply with their procedures (outwardly). However, the correct religious ruling is that the βiddah ends after the third menstrual cycle, regardless of the judge's decision.
@womensbenefits