Muwatta Imam Malik (Riwayat Yahya)

It is narrated from Sa'id bin al-Musayyib that Sayyiduna Umar bin Khattab, may Allah be pleased with him, said: If a woman is divorced, and after one or two menstrual cycles her menstruation stops, then she will wait for nine months; if pregnancy becomes apparent, that is better, otherwise after completing three months of waiting period ('iddah), she may marry another man.

Hazrat Saeed bin Musayyib used to say: Divorce is according to men, and the waiting period (‘iddah) is according to women.

Saeed bin Musayyib said: The waiting period (‘iddah) of a woman with continuous bleeding (mustahadah) is one year.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that if a divorced woman’s menstruation stops, she should wait for nine months. If her menstruation does not return within that time, then she should observe a waiting period (‘iddah) of three months. If her menstruation starts before the completion of three months, then the ‘iddah should begin from the menstruation. If again her menstruation does not return for nine months, then she should observe a waiting period of three months. If her menstruation returns within those three months, then the ‘iddah should begin from the menstruation. Then, if her menstruation does not return for nine months, she should observe a waiting period of three months. If her menstruation returns within those three months, then the ‘iddah should be completed with menstruation. And when menstruation does not return, she should complete the ‘iddah of three months and then she may marry another man. During this three-year waiting period, the husband has the right to take her back, unless he has already given her three divorces.

Imam Malik, may Allah have mercy on him, said that if a man divorces his wife, and as her waiting period (iddah) is about to end he takes her back, then divorces her again without having intercourse, the woman must observe a new waiting period from the beginning. The previous days will not be counted, but the husband will be sinful if he intended to cause her harm.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that if a woman becomes Muslim and her husband is a disbeliever, then if the husband also becomes Muslim during her waiting period (‘iddah), the woman will remain with him. If the waiting period passes, then he will have no relation with the woman, but he can marry her again and will have ownership of three divorces, because the woman's becoming Muslim did not constitute a divorce, rather the marriage was annulled.