The family's legislation

The menstrual term (Idda)

I- Its definition.

It is the period that a woman must stay at her husband’s house without marriage after being separated from him either because of death or divorce.

II- When Idda is obligatory?

The prescribed period is obligatory for the wife after the dissolution of the marital relationship, in case marriage is consummated or after her husband’s death.

III-The reason of its legislation.

1- To give the husband a chance to restore his wife as long as she is in her prescribed period. The Almighty Allah said: «O prophet! when you divorce women, divorce them at their Idda, and count (accurately) their Idda. And fear Allah your Lord (O Muslims), and turn them not out of their (husbands’) homes nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allah. And  whosoever transgresses the set limits of Allah ,then indeed he has wronged  himself. You (the one who divorces his wife) know not ,it may be that Allah will afterward bring some new thing to pass (i.e. to return her back to you if that was the first or second divorce». [Sûrat A Talâq/The divorce, verse 1].

2-The confirmation of the child’s lineage to his father. ( because this period of Idda that the woman must wait is sufficient to affirm if she is pregnant or not, and this is what guarantees the real lineage of the child). 

3-The confirmation of inheritance. The irrevocably divorced woman has the right to inherit her husband as long as she is still in her prescribed period. She will also inherit in case he divorces her on the verge of his death in order to disinherit her.

4-Showing a mourn over the break up of the marital relationship.

IV- Its types.

1-Idda Al-Qur': for Malikeet and Chafeet, al-Qur’ means purity from menses, and it means a mense for the Hanifite and Hanabila. The woman must prescribe trial period of menstruation or trial period of cleanness if she still has periodical menses. The Almighty Allah Said: «And divorced women shall wait (as regards their marriage ) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the last day. And  their husband  have the better right to take them back in that period ,if they wish for reconciliation .And they women have right (over their husbands as regards living expenses, etc). Similar ( to these of their husbands) over them (as regards obedience and respect, etc) to what is reasonable, but men have a degree (of responsibility) over them. And Allah is All-Mighty, All Wise». [Sûrat Al Baqara/The Heifer, verse 228].

2-The Idda  of months: the Idda of the woman who reached menopause is three months. Allah The Almighty said: «And those of your women as have passed the age of monthly courses, for them the Idda, if you have doubts  (about their periods ), is three months, and for those who have no courses (i.e. they are still immature) their Idda  is three months like wise, except  in case of death…». [Sûrat A Talâq/The divorce, from the verse 4]. And the Idda of the widow is four months and ten days, as the Almighty Said: «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 if they (the wives ) dispose of themselves in a just and honourable manner (i.e. they can marry ).And Allah is well Acquainted with what you do». [Sûrat Al Baqara/The Heifer, verse 234]

The wife of the missing husband who is decreed to be dead must observe four months and ten days after pronouncing the verdict of his death.

3-The Idda of the pregnant finishes after being delivered of her baby. The Almighty Allah said: «…And for those who are pregnant (whether they are divorced or their husbands are dead), their Idda is until they deliver their babies and whosoever fears Allah and keeps his duty to him, he will make his matter easy for him». [Sûrat A Talâq/The divorce, from the verse 4].

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