EDDA YA KIISLAM IMETOLEWA UFAFANUZI SAWIA

Question: Waiting period (Iddah) is prescribed in Islam after divorce and death. Write about it? Answer Introduction: The term “Iddah” comes from an Arabic word “الْعِدَّة” translated into English as “preparing”or “waiting”. Therefore, Iddah refers to the period of time that follows a woman’s divorce or death of her husband. The length of this waiting period varies somewhat based on the situation and whether it is Iddah of divorce or death. Iddah from Qur’an and Sunnah The term is found in many verses such as this verse in sura Talaq verse 1 in which Allah says;- يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاء فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ “Oo Prophet, when you divorce women, divorce them while in their Iddah and count the Iddah and fear Allah your Lord..”(Qur’an 65:1). This verse speaks about Iddah of a divorced woman. For the Iddah of a woman of whom her husband has died, Allah says in the Qur’an, thus;- “And those of you who die and leave wives behind them, they (the wives) shall wait for four months and ten days, then when they have fulfilled their term, there is no sin on you for what they will do about themselves (concerning marriage) in a just and hanourable manner. And Allah is well acquainted with all that you do”(Qur’an 2:234) . In this verse, contrary to Qur’an 65:1, the Qur’an speaks of wives waiting for four months and ten days as an Iddah of death. Proofs of Iddah from Sunnah. Iddah of death. As for Iddah of death in Sunnah, it is narrated by Ummi Salamah that “ a woman came to the Messenger of Allah (may peace and blessings of Allah be upon him) and asked saying‘my daughter’s husband has died and her eyes are aching, can we apply kuhl to her? He (the messenger of Allah) replied, No, No, No and then said ‘it is (Iddah) four month and ten (days)…”(Bukhari and Muslim) Iddah of divorcee It has been narrated by Aisha that “Barirah was ordered (by the Prophet)to count three monthly periods as a waiting period” (Ibn Majah) Therefore, Iddah is an act of worship prescribed by Qur’an and Sunnah to a woman whether a divorcee or when one’s husband dies and it is obligatory “faradh”to a woman and the society must see to it that a woman eligible for it fulfils this obligation. The wisdom behind prescription of Iddah Many people ask what is the wisdom behind the prescription of Iddah in Islam? There are many reasons given and among these are;- •To identify pregnancy The Iddah gives sufficient time to a woman to make sure she isn’t pregnant. This is necessary to prevent confusion that could arise on who the father of the child is if the woman were to remarry and get pregnant right away after the death of their husbands or divorce. Some people argue that since nowadays presence of absence of pregnancy can be proved by medical examination or even on the spot test at home or anywhere, there is no need for Iddah. Such arguments do not hold water. We can’t change that which Allah and His Prophet has prescribed citing technological development. If we begin doing that, we will end up reforming Islam just like Christians did to reform Isa (alayhi salaam) teachings to their liking and Jews changed Musa (‘layhi salaam) teachings to their liking. For example, nowadays we can set automatic watch to give as an adhan i.e. call to prayer, automatically and do away with Muad-dhins. Will that be okay? Definitely not correct. •Give time for reconciliation When a divorce takes place, Iddah offers time to the couple to cool down and give the divorce a second thought. •Exemplify the gravity and sanctity of marriage Iddah prevents people from taking marriage to be a light or fan affair. Marriage is so sacred and significant that its dissolution by divorce results in a waiting period. •Time to express grief In the case of the husband passing away, the wife has been given to grieve. (Refer the book “Al-fiqh al-islami wa adillatuhu by Dr Wahbatu az-Zhuhayl) Types of Iddah There are different types of Iddah according to a particular situation as follows;- a) For a divorced woman 1) For that divorcee who is mature, menstruates and isn’t pregnant (Iddah is for 3 menstrual cycles). Upon the expiry of her third period, she will be now free to leave the house of her former husband and can marry whom she wants. Allah says, “And divorced women shall wait (as regards their marriage) for three menstrual periods,...” (Al-Baqarah 2:228) 2) Three consecutive Islamic months For that divorcee who isn’t menstruating. This will include those women who have entered menopause. Likewise, for some medical reason, those young women who don’t experience menstruation will also be obliged to observe three months as the waiting period. 3) Duration of pregnancy That divorcee which was pregnant will be in Iddah until she delivers her baby. Note, an exception is that if a woman is divorced before the marriage being consummated i.e. before having sexual intercourse between the husband and wife, there is no Iddah upon the woman for that matter. b) Iddah of death of a husband 1) Four months and ten days When a husband passes away, his wife will have to observe the Iddah of four months and ten days.(Qur’an 2:234). She should live in the house she used to live in at the time of her husband’s death. Leaving the home is incorrect and transgression. This rule applies equally whether a) a woman has had intimacy with her husband during his life-time or not b) she had any kind of privacy with him or not c) she had come to live with him or not d) she menstruates or not e) she is old or young f) she reached the age of puberty or not. 2) A pregnant woman However if the woman was pregnant at the time of the death of her husband, she should remain in Iddah until the child is born then the Iddah will be over. Halal and Haram during the ‘Iddah Things which it is forbidden for a woman to do during Iddah It is forbidden for a woman at the time of Iddah to do the following: 1. To go out of her house, except for a necessary purpose, such as if she is sick and needs to go to the hospital or on emergencies such as if her house is about to fall down and there is the fear that it may collapse on top of her; or in the case of fire; and so on. 2. To wear perfume, because the Prophet (peace and blessings of Allaah be upon him) forbade the grieving woman to put on perfume. (Sahih Bukhari, Volume 7, Book 63, Number 255) 3. To wear beautiful clothes, that are considered to be adornments, she should wear clothes without making herself look beautiful. 4 .She should not put on kuhl or hinna, because the Prophet (peace and blessings of Allaah be upon him) forbade that. 5. She should not wear any jewellery, because if she is forbidden to wear beautiful clothes, it is more appropriate that jewellery should not be allowed. What is permissible? It is permissible for her to speak to men and to speak on the telephone, and to allow people to enter the house who are permitted to do so according to sharee’ah i.e. those who are Mahaarim to her and those who entering is out of necessity e.g. a doctor, a repair man doing repair for water piles and the likes. She may walk barefoot or with shoes in her house. She fulfills her needs in the house, such as cooking her food and the food of her guests. References; 1. Shaykh Muhammad ibn ‘Uthaymeen, Majmoo’at As’ilah taghummu al-Usrah al-Muslimah 2. Fatawa Islamiya, Vol. 6, p. 107-108 3. Dr Wahbat al-Zuhayl “Fiqhul Islaami wa adillatuhu”