‘Iddah Rulings for Pregnant, Menstruating, and Non-Menstruating Women After Divorce

Divorce and ‘Iddah: Pregnant Woman Until Delivery, Menstruating Woman Three Menstrual Cycles


Written by:
Imran Ayyub Lahori


The word ‘Iddah is the plural of ‘Adad, which in the Arabic language means “to count”, derived from ‘Adad (number), because it consists of a specific count of menstrual cycles or months.
Reference: [Al-Fiqh al-Islami wa Adillatuhu: 9/7165]


Hafiz Ibn Hajar رحمه الله writes:
“The ‘Iddah is a period that a woman spends due to marriage, either upon her husband’s death or separation, through delivery (of a child), menstrual cycles, or months.”
Reference: [Fath al-Bari: 10/589]


Ruling on ‘Iddah


The ‘Iddah is obligatory upon a woman according to the Qur’an, Sunnah, and consensus of the scholars.
References: [Al-Fiqh al-Islami wa Adillatuhu: 9/6167], [Al-Mughni: 7/448]


1. ‘Iddah of a Pregnant Woman After Divorce


Allah ﷻ says:
وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ [الطلاق: 4]
"The term for pregnant women is until they deliver their pregnancy."


This ruling is also established from an authentic hadith narrated from Zubair bin al-‘Awwam رضي الله عنه.
References: [Sahih Ibn Majah: 1646], [Ibn Majah: 2026], [Irwa’ al-Ghalil: 2117]


2. ‘Iddah of a Menstruating Woman After Divorce


Allah ﷻ says:
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ [البقرة: 228]
"Divorced women shall keep themselves in waiting for three menstrual periods."


The word قروء here means menstrual cycles (ḥayḍ), as established by hadith evidence. The Prophet ﷺ instructed a woman suffering from continuous bleeding:
أن تدع الصلاة أيام أقرائها
"She should stop praying during her days of menstruation."


References: [Irwa’ al-Ghalil: 2118], [Abu Dawud: 297, 281, 285], [Tirmidhi: 126], [Ibn Majah: 625]


Although the term قروء linguistically applies to both purity and menstruation, here the correct meaning is menstruation, as proven by authentic narrations — such as the Prophet ﷺ telling Barirah:
أن تعتد بثلاث حيض
"She should observe ‘Iddah for three menstrual cycles."


References: [Sahih Ibn Majah: 1690], [Irwa’ al-Ghalil: 2120], [Sahih Abu Dawud: 1937], [Ibn Majah: 2077]


Ibn al-Qayyim رحمه الله stated: The word قرء in the speech of the Prophet ﷺ was used only to mean menstruation.
Reference: [Zad al-Ma‘ad: 5/609]


Fiqh Differences:


  • Hanafi: قرء = Menstruation
  • Shafi‘i & Maliki: قرء = Purity

References: [Al-Mabsut: 6/13], [Al-Mughni: 11/199], [Al-Umm: 5/209], [Nayl al-Awtar: 4/392]


3. ‘Iddah of Those Who Do Not Menstruate


For those other than pregnant or menstruating women — such as a young girl who has not yet started menstruation, or an elderly woman whose menstruation has stopped due to old age — the ‘Iddah is three months.


Allah ﷻ says:
وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ [الطلاق: 4]
"And those of your women who have despaired of menstruation, if you doubt, their ‘Iddah is three months — and also for those who have not yet menstruated."


Special Note:
If a woman’s menstruation stops due to illness, scholars differ, but the stronger view is that her ‘Iddah is three months, as she falls under وَاللَّائِي لَمْ يَحِضْنَthose who do not menstruate.
 
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