Al-‘lddah (prescribed waiting period):

 

A The six types of ‘iddah:

 

• The ‘iddah of a pregnant woman lasts  until the birth of the baby as Allah, the Exalted, says:

… The waiting period of those who are pregnant is

until they give birth… [al-Talaq 65:4]

• The ‘iddah of a woman whose husband has died is four months and ten days as Allah, the Exalted, says:

U any of you die and leave behind wives, the wives must keep to themselves and waitforfour months and ten days… [al-Baqarah 2:234]

• The ‘iddah of a divorced woman who has her menses is three menstrual periods (quru’) as Allah, the Exalted, says:

Divorced women must keep to themselves and waitfor three menstrual periods… [al-Baqarah 2:228]

• The ‘iddah of a divorced woman who does not menstruate is three months as Allah, the Exalted, says:

Those of your women who despair of having menses have a prescribed waiting period, if you have doubts, of three months, and so have those who do not menstruate… [al-Talaq 65:4]

• • A woman who did not have sexual intercourse with her husband does not have an ‘iddah as Allah, the Exalted, says:

O you who believe! When you marry believing women and then divorce them before you have had sexual intercourse with them, you do not have to wait through a prescribed period concerning them… [al­ Ahzab 33:49]

• A woman whose husband dies before having had sexual intercourse with her must observe the ‘iddah of widows according to a ruling by Ibn Mas’ud, may Allah be pleased with him. Also, Ma’qil al-A§bja’i, may Allah be pleased with him, said, “The Prophet, the blessing and peace of Allah be upon him. had decreed this.”

 

The Rights Pertaining to the ‘Iddah

 

There are many rights pertaining to the ‘iddah of a woman who is being divorced:

• There are the rights owed to Allah, glorified and exalted be He, which include obeying His command and seeking His pleasure.
  • The right of the husband is the length of time allowable for him to return to her.
  • The divorced wife has a right to financial support (al­ nafaqah) and to stay safely at home as long as she is in ‘iddah.
  • The right of the children is to have their lineage confirmed and not confused with that of any others.
  • There is also the right ofthe second husband, which is that he is not held accountable for the first husband’s offspring.
• The Divine Legislator has arranged for the fulfillment of these rights through suitable judgements:

• In order for the  woman to observe her  duties to Allah, He has arranged for her to stay safely at home, for she should not leave home nor be driven from it.
• He has also arranged for the fulfillment of her rights by obliging the husband to maintain her in his residence
  • The Divine Legislator has arranged for the fulfillment of the right of the divorcing husband by enabling him to return to his wife as long as she is in ‘iddah.
  • Allah has arranged for the right of the children to be fulfilled by requiring affirmation of their lineage and by linking them to their own father and not to someone else.
  • He has arranged for the right of the second husband to be fulfilled by ensuring that he will marry a woman who is not pregnant and that he will not be obliged to care for another man’s offspring.

These conditions refer to the first and second divorces. that is. the revocable divorces (al-talaq al- raj’i). After the third divorce. the right of the husband to return to his wife is terminated. However. the woman in this case still must observe the legislation of the ‘iddah for  various reasons. For  example,  there must be assurances that she is not pregnant. Thus, the third divorce is governed by the same judgements pertaining to the two previous divorces so that the rules concerning talaq will not change. With the third divorce. however, there is a form of punishment for the husband. The Divine Legislator has made the thrice-divorced wife forbidden for the first husband until she marries another husband. An aspect of the completeness of this penalty is that the Divine Legislator has prolonged the time period in which she is forbidden for him. This shows the serious nature of what the Divine Legislator has intended by this punishment. A husband now knows that his wife will not be allowable for him until she completes an ‘iddah of three menstrual periods and then enters into marriage with another man based on sincere desire. This means that the new marriage cannot be contrived in order to allow her to remarry the first husband.  this being an act which is cursed. She then must be divorced by the second husband and wait for the completion of three more menstrual periods. This extensive waiting period and ahusband’s lack of patience would hopefully cause him to refrain from proclaiming the third divorce.

 

The Wisdom of the ‘Iddah

 

Based on the above discussion. it is possible to summarize the wisdom of the ‘iddah in the following four points:

• The ‘iddah confirms the knowledge of the purity of the womb so that lineages are not mixed.
  • It magnifies the seriousness of the marriage contract, elevates its value and manifests its honor.
  • It prolongs the time allowed for the divorcing husband to return to his wife so that he might have remorse and reverse his decision; thus he is provided with enough time to enable him to return.
  • It satisfies the right of the husband and manifests to the wife one consequence of losing him. which is not having someone for whom she beautifies and adorns herself.SO For this reason it is legislated that the widow’s mourning period for her husband is longer than that for her father or son.Bl

As we have said, this is the case in relation to the wife who is going through a revocable divorce. As for the wife who is going through the third. irrevocable divorce, we have said that the ‘iddah in relation to her has two meanings: knowing the purity of the womb and chastisement for the husband

 

The Etiquette of the ‘Iddah

 

A wife who is going through a revocable divorce remains safely in the house used by the married couple during her ‘iddah and should not  leave it. This is according to the verse of Allah, the Exalted:

.. Jear Allah, your Lord. Do not expel themfrom their homes, but do so only if they commit a clear act of adultery… [al-Talaq 65:11

Divine legislation has imposed on a husband and wife a  certain etiquette that is fitting for them to observe:

• His sleeping place should be isolated from her sleeping place. But if they have only one place to sleep, they must put up a curtain between themselves.
• The husband should request permission if he wants to enter where she is, and he should greet her with “al-salam ‘alaykum.”
• The wife who is in ‘iddah after a revocable divorce is not prevented from beautifying and adorning herself.

• – al-Muhallll (the one who contrives a marrlage)82

If a husband divorces his wife for a third time, then she becomes irrevocably separated from him and is not allowable for him unless she marries another husband, from whom she is later divorced. This  is  a clearly established legislation (§hari’ah muhkamah). However, some deceitful people attempt to avoid the judgement of Allah by using suspicious practices which are  morally  and  religiously  objectionable. Such a man might contrive a marriage contract between his irrevocably divorced wife and another man in order to cany out this deception. The second husband then divorces her, enabling the former husband to return to her. This is employing tricks in relation to the verse ofAllah, the Exalted,

“U he has divorced her a third time, then she is not lawful for him after that until she has married another husband… ” [al-Baqarah 2:230]

The intent of this noble verse is one thing, but what some people do is another. The verse means that a  divorced woman  must  many another man in an Islamically legislated marriage, not limited by any time frame. Then she stays with  her  new  husband  unless  something  happens between them that leads to their divorce, which must occur according to the manner previously described. After this legitimate divorce, the former husband has a right to propose marriage to her as would any other man.

But people act contrary to this verse and give free reign to the muhallil. This. however. has been forbidden by  the Prophet,  the  blessing and peace of Allah be upon him, in  many  Hadiths.  He,  the blessing and peace  of Allah be upon him, said; •Allah curses  the following people:  the tattoo artist and the one who gets tattooed, the one who fits others for wigs or hairpieces and the one who wears  them,  the muhallil and  the  one who uses a muhallil, the one who takes interest (riba) and the one who pays interest.”83 He,  the  blessing  and peace of Allah be  upon him,  also said in a separate Hadith; “May Allah curse the muhallil and the one who uses a muhallil.”84 He, the blessing and peace of Allah be upon him, also said: “Shall I not inform you about the borrowed stud goat.” They said: “Yes, O Messenger of Allah.” He said: “He is the muhallil. May Allah curse the muhallil and the one who uses a muhallil.“85

Many Hadiths with similar meanings have been narrated from Ibn ‘Abbas, Ibn ‘Umar, Abu Hurayrah and Jabir, may Allah be pleased with them. It is also narrated from ‘Umar ibn al-Khattab who said,  “If I were ever brought a muhallil and the one who used a muhallil, I would surely

stone them both.”86 It is narrated from ‘Uthman,  may Allah be pleased

with him, who said, “There is no marriage except an intentionally sought marriage. There is no deceptive marriage.” Also, lbn ‘Abbas was asked about the muhallil. He replied, “Whoever tries to deceive Allah, Allah will leave him in deception”

Finally, Sufyan al-Thawri said, “If a man marries a woman with the intention to make her allowable for  her first husband  but then  changes his mind and wants to keep her,  she would not be allowable for him until he marries her on a new marriage contract.”87

1. – al-Khul’ (separation initiated by a wife)

If Islam has given men the right of divorce (talaq). it has also given women the right of khul’. Khul’ literally means that a wife ransoms herself. 88 It is derived from the expression “khala’a al-thawb” (to remove a garment), for a woman is the garment of man and he is her garment. Allah, the Exalted. says:

…They (the wives} are like garments for you and you are like

garmentsfor them… [al-Baqarah 2:87]

A verse in Sura al-Baqarah establishes the principle of khul’. Allah, the Exalted, says:

…if you fear that they cannot keep the guidelines set by Allah, there is no sin on the two of them if she returns it (the dowry} in order to end the marriage… [al-Baqarah 2:229]

However, just as the Sunnah shows that talaq is the most disliked of allowable acts before Allah, it also shows that khul’ is hated by Him, glorified be He.89 The condemnation of the women who initiate khul’ is reported in numerous Hadiths. “If a woman requests her husband  to divorce her for a reason other than being harmed, then the smell of Paradise is forbidden for her.”90 “The women who initiate khul’ are hypocrites.”91 “Any woman who requests her husband to divorce her for other than a truly sincere reason will never find the breeze of Paradise.92

Unfortunately, some husbands might try to exploit the principle of khul’ by harming and abusing their wives in order to force them to ransom themselves by returning the dowry. This is exactly what Allah, glorified and exalted be He, has forbidden in this verse:

…do not treat them harshly so that you can take back part ofwhat you have given them… [al-Nisa’ 4:19]

lbn ‘Abbas commented on this verse: “It is when a man has a wife to whom he owes a dowry but whose companionship he dislikes. Thus he harms her so that she ransoms herself.”99

• – al-Ila’ (the oath of sexual abstinence)

The linguistic meaning of ila’ is to swear an oath (half, qasam). One example of its usage is in the verse of Allah, the Exalted:

Let not those of you who have dignity and wealth swear not to give support to their relatives, to the needy, and to those who have emigrated for the cause ofAllah. Let them pardon andforgive… [al­ Nur 24:22]

The legislative meaning of ila’ is a man’s oath not to approach his wife for sexual intercourse. This  oath of sexual abstinence  was  an old custom of the Arabs before Islam. As a consequence of the husband’s oath, the wife usually spent the rest of her life suspended in a state of being neither married nor divorced. Then the noble Quran came to rectify this custom by ordering the husband to divorce his wife after four months if their married life has become impossible. Allah, the Exalted, says:

Those who swear sexual abstinencefrom their wives must waitfour months. Then if they break the oath (and return to their wives)­ Allah is Oft-Forgiving, Most Merciful. And if they decide on divorce­ Allah is All-Hearing, All-Knowing. (al-Baqarah 2:226-227]

• – al-Zihar (treating one’s wife as bis mother)94

Zihar is forbidden in accordance with the verse of the Exalted One:

… they have spoken an ill word and a lie… [al-Majadilah 58:21

The one who declares zihar is a liar for treating his wife as if she were his mother. Allah, the Exalted, says:

… they are not their mothers. Their mothers are only those who gave birth to them.. .{al-Mujadilah 58:2]

Allah, the Exalted, also says:

…He has not made your wives, whom you treat as if they were your mothers, your mothers… [al-Ahzab 33:4]

Allah, the Exalted, has revealed His verses concerning zihar:

if

Allah has surely heard the statement of the one who disputes with you (Muhammad} concerning her husband and who complains to Allah. Allah hears the arguments between both of you, for Allah is All-Hearing, All-Seeing. There are those of you who treat their wives as if they were their mothers; they are not their mothers. Their mothers are only those who gave birth to them: and so they have spoken an ill word and a lie. But Allah is Oft-Pardoning, Oft­ Forgiving. Those who treat their wives as they were their mothers and then go back on what they have said must free a slave before they touch one another. You are admonished by this; and Allah is Well-Aware of what you do. The one who does notfind the means to free a slave must fas t two months consecutively before they both touch one another; and the one who is unable tofast mustfeed sixty poor people. This is so that you might believe in Allah and His Messenger. These are the guidelines set by Allah. And for the disbelievers there is a pairiful punishment. /al-Mujadilah 58:1 -4] 95

These verses dictate that the one who declares zihar against his wife must atone for this sin. The prescribed atonement is to free a slave. If he is unable to do so,  then he should fast for two months consecutively. If he cannot do that, then he must feed 60 poor people. Also, these verses indicate that it is forbidden for the one who declares zihar to touch his wife before atoning for this sin

 

REFERENCES: [trans. note: This entire paragraph appears as a footnote in Sheik Qhazi’s text. He also makes a brtef menuon of the man who conspires with the first husband lo contrive a marriage with the thrice-divorced wife. The Intention of this contrived maniage is that the second husband consummates the maniage and then immediately divorces the woman so that the first husband can remarry her. Such a man is called a muhallil and is cursed by Allah. This topic will be discussed below in section 3 of this chapter.I (trans. note: It appears that Sheik Qhazi is refening here to the “iddah after the third divorce, for he mentions below in section D of this chapter that a wife may beautify herself during the ‘iddah of a revocable divorce.I See Ibn Qayyim al Jawziyyah, I’lam al-Muwaqqi’in·an Rabb al-‘Alamin.vol.2. p.56. There is also another reason for making the ‘iddah of a widow four months and ten days. It is during this time that it will be known if she is pregnant or not. for a fertilized egg Is an embryonic drop for forty days. then a clot of blood for forty days. then a morsel of flesh for forty days. This is four months. after which time the soul is blown Into it in its fourth stage of development. Ten more days are added on so that the life of the fetus will be made apparent by its movement in the womb. [trans. note: The word “muhallil” means in general one who dissolves or analyzes athing, or one who makes a thing permissible. The word is defined here in its specificapplication to Islamic Law.) ThisHadithisreportedby al-Nasa’iandAhmadfromlbnMas’ud,mayAllahbepleasedwith him. [trans. note: Sheik .Ghazi has two footnotes explaining two terms used in the Hadith. The first term Is “al-wa§}ilmah,” the tattoo artist, and the second term Is ·a1- wasilah,• the one who fits others for wigs and hairpieces.] This Hadith is reported by Abu Dawud, al-Tirmidhi and al-Nasa’i from ‘Ali ibn Ab! Talib,may Allah be pleased with him. This Hadith Is reported by al-Hakim in his Sahih from ‘Uqbah ibn “Amir, may Allah bepleased with him. See Mq/m.u‘atFatawaIbnTaymiyyah, vol.32, p.93. See al-Qurtubi. vol.3. p.149 (trans. note: Khu!’ is not actually a divorce (talaq) , which is only the right of a husband.it is a dissolution or annulment of the marriage. According to Ahmad ibn Hanbal, lbn‘Abbas interpreted al-Baqarah 2:229-230 by saying: “Allah has mentioned divorce in thebeginning, ransoming in the middle and divorce after that.” However, it is reported that‘U.tbman held that kbul’ is divorce, but lbn Hanbal did not accept the isnad of that narration. See ChaptersonMarriageand Divorce:Responses of Ibn HanbalandIbnRahwayh. p.108.I [trans.note:OntheweaknessofthlsopinionseeChapter2,footnote52.J [trans.note:ThisHadithisreportedintheMl.shkatal-Masabih(Kitabal-Nikah,Babal­Khul’ wa+Talaq, Hadith #3279) . Sheik Nasir al-Din al-Albani says Its chain of narrators (isnad) is good Oayyid).J [trans. note: This Hadith is reported in the Mi_ahkat al-Masabih (Kitab al-Nikah, Bab al­Kbul’wa-1-Talaq.Hadith#3290).Sheikal-Albanidoesnotcommentonit.) [trans.note:ThisHadithisreportedbyIboMajah(Kitabal-Talaq,Bab#21).) !trans.note:SeeMukh.tasarTafsfTIbnKathir,vol.l,p.368. Moredetailsconcerning }wul’willbementionedinChapter5.) [trans. note: During the Jahiliyyah period, the pagan Arabs would sometimes make avow of zihar by which a man would abandon his wife without divorcing her merely by saying. “Your back (zahr) is as my mother’s back for me.”) [trans. note: This verse was revealed concerning lilluwaylah bint Toa’labah. who wascomplaining to the Prophet about her husband, Aws ibn al-Samit. See Chapter 5, section 4,for more information on the topic of zihar.J

BOOK REFERENCE:

BOOK: “ MARRIAGE & DIVORCE

“DR. MUHAMMAD JAMIL GHAZI