Chapter 2
Transactions
Waiting Period of Widow or Divorcee
21398: `Iddah of a woman who did not know that
her husband has died
Question:
My question is: there is a woman whose husband
was working in a foreign country. The husband died and
the wife did not learn that he had died until six months
later. Does the wife have to observe `iddah in this case?
What is the evidence?.
Answer:
Praise be to Allaah.
The `iddah of a woman whose husband dies is
considered to start from the moment of death, and depends on
the woman's situation. If she is pregnant, her `iddah lasts
until she gives birth. If she is not pregnant and she is free,
her `iddah lasts for four months and ten days. If she is a
slave her `iddah lasts for two months and five days. If she
did not learn of her husband's death until six months
later, then her `iddah ended before she came to know.
Answered by: `Abd al-Rahmaan al-`Ajlaan. (www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
5163: Does `iddah apply in the case of khula'?
Question:
does iddah imply when it is the woman who is
seeking the divorce (khuli).
Answer:
Praise be to Allaah.
1 _ Khula' _ in principle _ can only occur at the
request of the wife, and with the husband's subsequent
agreement to end the marriage.
2 _ `Iddah is obligatory upon every woman who
leaves her husband, or whose husband leaves her, whether
the cause is talaaq (divorce), annulment of the marriage
or the death of the husband, except when the divorce
occurs before the marriage has been consummated, in which
case the woman does not have to observe `iddah,
because Allaah says (interpretation of the meaning):
"O you who believe! When you marry believing
women, and then divorce them before you have sexual
intercourse with them, no `Iddah [divorce prescribed period]
have you to count in respect of them"
[al-Ahzaab 33:49]
3 _ With regard to the `iddah following khula', the
correct scholarly view is that it is one menstrual cycle, as
is indicated by the Sunnah.
It was narrated from Ibn `Abbaas that the wife of
Thaabit ibn Qays ended her marriage to her husband by means
of khula' at the time of the Prophet (peace and blessings
of Allaah be upon him). The Prophet (peace and
blessings of Allaah be upon him) commanded her to observe
an `iddah of one menstrual cycle. (Narrated by
al-Tirmidhi, 1185; Abu Dawood, 2229. Also narrated by
al-Nasaa'i (3497) from the hadeeth of al-Rabee' bint `Afra'.
The two hadeeth were both classed as saheeh by Ibn
al-Qayyim, as we shall see below).
Ibn al-Qayyim (may Allaah have mercy on him) said:
In the fact that the Prophet (peace and blessings of
Allaah be upon him) commanded the woman who ended
her marriage to her husband by khula' to observe an
`iddah of one menstrual cycle, there is evidence for two rulings:
The first is that she does not have to wait for
three menstrual cycles, rather one menstrual cycle is
sufficient. Just as this is clearly the Sunnah, it was also the view
of Ameer al-Mu'mineen `Uthmaan ibn `Affaan,
`Abd-Allaah ibn `Umar ibn al-Khattaab, al-Rabee' bint
Mu'awwadh and her paternal uncle, who was one of the
greatest Sahaabah. We do not know of anyone who held a
different opinion, as al-Layth ibn Sa'd narrated that Naafi' the
freed slave of Ibn `Umar heard al-Rabee' bint Mu'awwadh
ibn `Afra' telling `Abd-Allaah ibn `Umar (may Allaah
be pleased with him) that she had ended her marriage to
her husband by khula' at the time of `Uthmaan ibn
`Affaan, and her paternal uncle had come to `Uthmaan ibn
`Affaan and said, The daughter of Mu'awwadh ended her
marriage to her husband by khula' today, so should she move
(from the marital home)? `Uthmaan said, She should move,
and there is no inheritance between them, and she does
not have to observe any `iddah, but she should not
remarry until one menstrual cycle has passed, lest she be
pregnant. `Abd-Allaah ibn `Umar said: and `Uthmaan was the
best of us and the most knowledgeable.
This view was also shared by Ishaaq ibn Raahawayh
and Imaam Ahmad, according to one report narrated from
him. It was also the view favoured by Shaykh al-Islam
Ibn Taymiyah.
Those who supported this view said: this is in
accordance with the principles of sharee'ah. The `iddah (in the
case of talaaq) was made three menstrual cycles in order
to lengthen the time during which the husband may
take back his wife, so that the husband will have enough
time to rethink the matter and to be able to take his wife
back during this time. But in the case of khula' the wife is
not going to go back and the purpose is simply to
establish whether she is pregnant or not, so one menstrual cycle
is sufficient. They said: this does not contradict the
ruling that the `iddah for a woman divorced by talaaq is
three months.
In the case of divorce the `iddah is the same whether it
is a final talaaq or a revocable talaaq.
Zaad al-Ma'aad, 5/196, 197
Some scholars said that the `iddah for a woman who
ends her marriage to her husband by khula' is three
menstrual cycles, as in the case of one who is divorced by
talaaq, but this was expertly refuted by Imam Ibn
al-Qayyim, who said:
What indicates that khula' is not the same as talaaq is
the fact that in the case of a revocable talaaq
after consummation of the marriage, there are specific
rulings which are not applicable in the case of khula'.
1. That the husband has more right to take her back.
2. When the husband issues a talaaq, is it counted as
one of three, and after the third it is not permissible for
the wife to go back to him until she has been married
to another man and that marriage has been consummated.
3. `Iddah in the case of talaaq is three menstrual cycles.
So the `iddah in the case of khula' is what is indicated
by the Sunnah, namely one menstrual cycle.
And Allaah knows best. Islam Q&A
(www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
14038: Can he take his wife back after her `iddah
has ended?
Question:
Can a man and a woman go back together if they
have been seperated for a long time.They were husband
and wife
Answer:
Praise be to Allaah.
If a man divorces his wife with the first or second
talaaq, once her `iddah is over she is divorced and becomes
a "stranger" (non-mahram) to him; she cannot go back
to him except with a new marriage contract which fulfils
all the conditions set out in sharee'ah (see Question no. 2127).
But if he divorces his wife with the third talaaq, then
she becomes haraam to her first husband until she has
married a second husband in a genuine marriage which
is consummated. The Qur'aan [Qur'an, Quran]ic evidence for that is
the aayah (interpretation of the meaning):
"The divorce is twice, after that, either you retain her
on reasonable terms or release her with kindness…
And if he has divorced her (the third time), then she is
not lawful unto him thereafter until she has married
another husband"
[al-Baqarah 2:229-230]
The last divorce refers to the third divorce, according
to all the scholars.
The evidence from the Sunnah is the hadeeth narrated
by `Urwah ibn al-Zubayr, according to which `Aa'ishah
told him that the wife of Rifaa'ah al-Qurazi came to
the Messenger of Allaah (peace and blessings of Allaah
be upon him) and said, "O Messenger of Allaah,
Rifaa'ah divorced me thrice, then I was married to `Abd
al-Rahmaan ibn al-Zubayr al-Qurazi, but he has nothing
with him except something like this fringe. The Messenger
of Allaah (peace and blessings of Allaah be upon him)
said, "Perhaps you want to go back to Rifaa'ah? No, (it is
not possible), unless and until you enjoy the sexual
relation with him (`Abd al-Rahmaan), and he enjoys the
sexual relation with you."
(Narrated by al-Bukhaari, 4856; Muslim, 2587)
The phrase "divorced me three times" means that
this was the divorce which meant that she was no
longer married to him, which is the third talaaq. The
Prophet's words "until you enjoy the sexual relation with him
(`Abd al-Rahmaan), and he enjoys the sexual relation with
you" refer to intercourse.
Al-Nawawi said: "This hadeeth indicates that the
woman who has been divorced by a third talaaq is not
permissible to the man who has divorced her until she has been
married by another husband, who has intercourse with her
then separates from her, and she completes her `iddah.
Merely drawing up the marriage contract with her does not
make her permissible to the first husband. This is the view
of all the scholars among the Sahaabah, Taabi'een and
those who came after them.
Sharh Muslim, 10/3
And Allaah knows bets.
May Allaah bless our Prophet Muhammad.
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
10670: What a recently-widowed woman is not allowed
to do
Question:
My husband has died. What should I do? What are
the things that I am not allowed to do?
Answer:
Praise be to Allaah.
It is narrated in the hadeeth that a recently
widowed woman is not allowed to do five things, and that she
is required to do five things.
1 _ She should stay in her house where she was
living when her husband died; this is the place where she
should stay until the end of her `iddah, which lasts for four
months and ten days, unless she is pregnant, in which case
her `iddah ends when she gives birth, as Allaah
says (interpretation of the meaning):
"And for those who are pregnant (whether they
are divorced or their husbands are dead), their
`Iddah (prescribed period) is until they lay down their burden"
[al-Talaaq 65:4]
She should not leave the house except in case of need
or necessity, such as going to the hospital if she is sick or
to buy things she needs from the marketplace such as
food etc., if she does not have someone with her who can
do that. If the house is destroyed, then she should
move elsewhere, or if she does not have anyone to keep
her company and she fears for her safety, then it is OK
for her to leave if there is a need to do so.
2 _ She should not wear beautiful clothes, yellow,
red, etc. Rather she should wear clothes that are not
beautiful, whether they are black or green, etc. What matters is
that the clothes should not be beautiful, as this is the
command of the Prophet SAWS (peace and blessings of Allaah
be upon him).
3 _ She should avoid wearing jewellery of gold,
silver, diamonds, pearls and the like, whether that is
necklaces, bracelets or rings, etc., until her `iddah is over.
4 _ She should avoid wearing perfume; she should
avoid perfuming herself with bukhoor (incense) or any
other kind of perfume, except when she purifies
herself following her period, in which case she may
perfume herself with a little bukhoor.
5 _ She should avoid kohl; she may not apply kohl or
any similar kind of cosmetic that is used on the face, the
kind of cosmetic that may attract people to her. But with
regard to regular beautification by using soap and water, that
is OK. But the kohl which is used to make the eyes
look beautiful and other kinds of cosmetics which some
women use on their faces. This should not be done.
These are the five things which must be taken care of
in the case of a woman whose husband dies.
But with regard to what some of the common people
think and have fabricated, that a recently-widowed
woman should not speak to anyone or speak on the telephone,
or that she should take a bath no more than once a week,
or that she should not walk barefoot in the house, or
go outside in the moonlight, and other similar myths,
there is no basis for these things. She may walk in her
house barefoot or wearing shoes; she may do what she needs
to in her house, cooking food for herself and her guests;
she may walk in the moonlight in the courtyard and
garden of her house; she may take a bath whenever she
wants; she may speak to whomever she wants in a manner
that is not suspicious; she may shake hands with other
women and with her mahrams, but not with non-mahrams;
she may take off her khimaar (head cover) if there are no
non-mahrams present. But she should not use henna or
saffron or perfume, either on her clothes or in coffee,
because saffron is a kind of perfume. No one should
propose marriage to her, but it is OK to hint, but clearly
proposing marriage is not allowed. And Allaah is the Source of help.
A fatwa of Shaykh Ibn Baaz, from Fataawa
Islamiyyah, vol. 3, p. 315-316 .
For more information see al-Imdaad bi Ahkaam
al-Ihdaad by Fayhaan al-Mutayri; Ahkaam
al-Ihdaad by Khaalid al-Muslih .
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
8867: Her husband died during her `iddah from her
final divorce; does she have to observe the #145;iddah of
one who has been widowed?
Question:
Her husband died in a car accident during her
`iddah following her final divorce (he had divorced her with
the third talaaq, and during this `iddah he died in
that accident). How long should she observe the `iddah?
Answer:
Praise be to Allaah.
We put this question to Shaykh Muhammad ibn
Saalih al-`Uthaymeen, may Allaah preserve him, who
answered as follows:
She should complete the `iddah of divorce.
Question:
Does she also have to observe the `iddah of one who
has been widowed?
Answer:
No, she does not have to do that, because the
marital relationship ended with the final talaaq.
And Allaah knows best.
Shaykh Muhammad ibn Saalih al-`Uthaymeen (www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
10833: She apostatized and married a Christian; now
she has returned to Islam and has left that Christian man
_ how long is her `iddah?
Question:
She apostatized and married a Christian; now she
has returned to Islam and has left him. How long will
her `iddah be before she can marry someone else?
Answer:
Praise be to Allaah.
We put this question to Shaykh Muhammad ibn
Saalih al-`Uthaymeen, may Allaah preserve him, who
responded by asking:
"Did he have intercourse with her?"
(We said:), Yes, he had intercourse with her.
His response: (Her `iddah) is one menstrual cycle
_ according to the more correct view. It was also said
that she should wait for three menstrual cycles, but the
more correct view is that her `iddah is one menstrual
cycle, because her marriage to that Christian was valid at
the time when she was an apostate. And Allaah knows best.
Shaykh Muhammad ibn Saalih al-`Uthaymeen
(www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
10426: She became Muslim after committing zinaa;
does she have to wait (`iddah) before getting married?
Question:
If a sister has just accepted Islaam, but before that she
did have sexual relations with a "boyfriend", then if she
wants to marry once she has entered into Islaam what is
her situation. In other words, she had sex before
becoming Muslimah, then after that she wants to marry; is there
a special waiting period for her since she is not
certain whether or not she got pregnant after having sex
while still a kaafirah?
Answer:
Praise be to Allaah.
The following question was presented to
Shaykh Muhammad ibn Saalih al-`Uthaymeen:
A woman is asking a question; she says that she
has become Muslim but she had a haraam relationship with
a man. Should she wait (observe `iddah) before she
gets married, or not?
He replied, may Allaah preserve him:
One menstrual cycle is sufficient. And Allaah knows best.
Shaykh Muhammad ibn Saalih al-`Uthaymeen: (www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
6240: Should she wait out her `iddah in the place where
her husband died, or go back to her homeland?
Question:
My question is regarding my mother's Iddah. My
parents were visiting the United States, my father got very
sick and died there. My mother is still in the US staying at
one of my cousin's home , my question is that, do my
mother has to spent the Iddah period in US at my cousin's
home where my parents were staying or she can return back
to her own home in Pakistan. Returning home for my
mother is also very important because of many issues in
Pakistan like property etc in which her presence for various
factors is very important. I would be very grateful if you
would answer this question in the light of Islamic Laws.
Thank you.
Answer:
Praise be to Allaah.
The scholars differed as to whether the woman in
`iddah following her husband's death has to stay in her
house. There are two views, the more famous and stronger
of which is that she has to stay in the marital home. This
is the view of the majority of scholars, including the
four imaams.
They used as their evidence for this ruling the Sunnah
as narrated in the Hadeeth of Faree'ah bint Maalik
(may Allaah be pleased with her) who said that she came to
the Prophet (peace and blessings of Allaah be upon him)
and asked him whether she could go back to her family
of Banu Khudrah. Her husband had set out in pursuit of
some slaves of his who had run away, and when he caught
up with them at the edge of al-Qadoom they had killed
him. She asked the Messenger of Allaah (peace and
blessings of Allaah be upon him) to let her go back to her
family because her husband had not left her in a house that
he owned. She narrated: "The Messenger of Allaah
(peace and blessings of Allaah be upon him) said `Yes', so
I walked away until I was by the apartment, or in
the mosque, then he called me _ or commanded me _ and
I came back. I told him the story again about what
had happened to my husband, and he said, `Stay in your
house until the appointed time [i.e., until your `iddah is
over].'" She said: "So I spent my `iddah there, four months
and ten days. When `Uthmaan was the khaleefah, he sent
word to me and asked me about that, so I told him and
he followed it and ruled in accordance with it."
It was narrated by Abu Dawood, al-Nisaa'i,
al-Tirmidhi and Ibn Maajah, and classed as saheeh by
al-Tirmidhi, Ibn Hibbaan, al-Haakim, al-Dhahabi, Ibn al-Qayyim
and others.
Ibn al-Qayyim (may Allaah have mercy on him) said:
"There is no reason to reject this clear saheeh
Sunnah which `Uthmaan ibn `Affaan and other great
Sahaabah accepted." (Zaad al-Za'aad, 5/691)
Note:
A woman who is in `iddah could be faced with an emergency such as the fear of the house collapsing, a
flood or an enemy, or she could feel lonely, or she may be
living among immoral people, or the heirs may want to
make her leave the house, or by staying she may lose her
children or wealth… etc. In such cases it is permissible for her
to move wherever she wishes, and she does not have to
move to the nearest place. This is the view of the majority
of scholars among the Hanafis, Hanbalis and Maalikis.
This is on the condition that she can still adhere to
the rulings of `iddah in the new home as she did in
the previous home.
If a woman is able to manage her affairs from the
marital home, she has no reason to move. For example, she
can delegate a trustworthy person to follow up the
inheritance or property. If your mother is able to do her `iddah in
the house in which she was living with her husband when
he died, then she should stay there. And Allaah knows best.
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
5288: Ruling on a woman whose husband has disappeared
Question:
does being abandond for nine months by your
husband neither seeing or knowing his were abouts justify a
Khuli divorce, and if so does she have to wait the Iddah
before remarrying?.
Answer:
Praise be to Allaah.
If what is meant in the question is that this woman
has had no news of her husband, i.e., he has vanished,
then this is an issue which the fuqahaa' (may Allaah have
mercy on him) called "a woman whose husband
has disappeared", meaning that there is no longer any
news of him. The fuqahaa' (may Allaah have mercy on
him) have many views on how long a woman should wait
until her husband may be presumed dead. According to
the most correct scholarly view, the determination of
this period should be left to the discretion of the judge, and
it may vary according to the times and circumstances.
The judge should use his best judgement (ijtihaad)
to determine a time limit after which it may be
assumed that the husband is dead, and when that time has
passed he should issue a ruling to that effect. Then the
woman should observe the `iddah of one whose husband has
died, i.e., four months and ten days, after which she is free
to remarry.
If she knows where he is and that he has abandoned
her for this length of time, then the ruling is that of a
woman whose husband has taken an oath not to have
sexual relations with his wife [see al-Baqarah 2:226]. So
the woman or her wali (guardian) should write to him, or
the matter may be referred to the judge, so that the
husband may be forced to return to her. If he refuses then the
judge can decree that she is divorced or the marriage is
annulled. And Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
(www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
4706: What Must the Mourning Widow Abide By
Question:
What are the laws by which the widow whose
husband had just died must abide by?
Answer:
Praise be to Allaah.
The Hadith states what a mourning widow is
prohibited from doing and what she is requested to do.
First, she must remain in her house in which she
was living when her husband died. She remains therein
until her iddah (mourning period) comes to an end. This is
four months and ten days. Unless she is pregnant, wherein
her mourning period ends when she gives birth. Allah says
in the Quran,
"For those who are pregnant, their waiting period is
until they deliver" (al-Talaq 4).
She does not leave the house except due to need
or necessity, such as visiting the hospital due to
illness, buying what she is in need of from the market, such
as food or other items, if she cannot find others to do
such for her. Similarly, if the house is destroyed, she leaves
it for another house. Finally, if she does not find
anyone who she knows close to her and she fears for her
safety, she may move due to that need.
Second, she may not wear any kind of beautiful
clothing, either yellow, green or other. She must wear
clothing which is not beautiful or attractive, regardless of
whether it be black, green or otherwise. The important aspect
is that it is not beautiful or attractive. This is what the
Prophet (peace be upon him) ordered.
Third, she must not wear jewelry, either gold,
silver, diamonds, pearls or anything of that nature. This
is regardless if it be bracelets, chains or rings. She may
not wear anything of this nature until her mourning period
is over.
Fourth, she must refrain from using perfume. She
cannot perfume herself with either incense or any other kind
of items that make the body smell good. The only
exception to this is when she cleanses herself after her period.
In that case, there is no harm if she applies some kind
of incense.
Fifth, she should not apply kohl. She can neither use
kohl nor anything similar to kohl which is a beautification
for the face, a beautification that may be
considered something that attracts people. As for the
normal beautification of using water and soap, there is
nothing wrong with that. But the kohl which is a beautification
of the eyes and other similar items that woman put on
their faces are not to be used.
These are the five items that a woman must attend to
when her husband dies.
However, there are many other acts that the general
masses believe or have fabricated concerning a mourning
woman. For example, they say that she cannot talk to anyone,
she may not talk on the phone, she can only take a
shower once a week, she cannot walk barefoot in her house,
she cannot go out under the light of the moon, and
other superstitions that are simply false. There is no basis
for any of these. 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. She may go out in
the light of the moon on her roof 1 or in her garden. She
may wash herself whenever she wishes. She may speak
to anyone she wishes as long as it is not suspicious
speech. She may shake hands with women and men she is
related to— as for those men she is not related to, she may
not shake their hands. She may remove her head scarf if
she is not in the presence of men she is not related to.
However, she should not use henna or saffron either
on her clothing or in her coffee. This is because saffron is
a kind of perfume and it is not allowed for her to
perfume herself. She cannot be proposed to. One may
indirectly make a statement intent to her but a clear proposal is
not allowed. Shaikh ibn Baz (www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
5217: how a woman who is previously married should
get married
Question:
I am wondering how a woman who is previously
married should get married, i.e. how does she find a husband,
does she require a wali, how does she meet the
husband-to-be and when in the process. Can he see her face and hair
and when.
Please show all proofs using Qur'an and Sunnah JazakAllahkhairun
Please tell me who is giving this fatawa and their
islamic Background
Answer:
Praise be to Allaah.
The case of a woman getting married again is
something that God has predestinated and is a success granted
by Him. This matter could be fulfilled by: (Doa'a)
praying to Allah to provide her with another husband. By the
guide of charitable people for a suitable man. By one of
her female friends who knows her status and mentions her
to one of her relatives, also this could be the fruit
of philanthropic project for achieving marriage
relations considering the state of the man and the woman and
what is suitable for every one and is controlled by
trustworthy faithful people.
And as for the guardian, it is a must no matter the
woman has been married before or not. The prophet (peace
be upon him) said: "Any woman who gets married
without the permission of her guardian, her marriage is false,
her marriage is false, her marriage is false."[Narrated by
Al Termithy # 1102, Abou Dawood, Ibn Maga & El
Albani said that it is authentic in his book "Sahih Al Gami'a"
# 2709 ].
It is preferable for the person proposing (for the first
time) to look at the woman he is proposing to because
the prophet (peace be upon him) said:
"Go and look at her…" [Narrated by Muslim # 1424].
And for what Al Nasa'ee narrated: Al Mugira Ibn
Sho'ba said: "Someone proposed to a woman at the time of
the prophet (peace be upon him) so the prophet asked
him: (Did you look at her?) He said no. He said: (look at
her, by doing this it will be more likely to have a
harmonious marriage with everlasting love".[Narrated by Al
Nasa'ee & others, El Albani said that it is authentic in "Sahih
Al Gami'a # 859"].
Most of the scholars agreed that the man proposing
for marriage is allowed to look at the woman's face as it
is the place that gathers all the charms, and her hands
(their face and back), i.e. she should appear in the same state
as in her prayers.
This should be without staying alone with each other in
a private place. And without touching one another. He
may look, in their meeting, at her more then one time as
long as he needs this, until he decides if he's going to
marry her or not.
[Mawsua'a Al Figh 19/199]. (www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
2628: Rulings on the mourning of a woman whose
husband has died
Question:
What are the regulations concerning the idda of a widow?
I have been told that she cannot leave her husband's
house at all during the 4 months and 10 days, but other say
she must only be careful to leave only for true needs and
must never sleep away from her husband's house during
this time.
I have also been told that she cannot wash or comb
her hair. The latter especially seems contrary to
Islam regarding cleanliness. A detailed response would
be greatly appreciated.
Jazakum Allahu khayran
Answer:
Praise be to Allaah.
Allaah says (interpretation of the meaning):
"And those of you who die and leave wives behind
them, they (the wives) shall wait (as regards their marriage)
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 Allaah is Well-Acquainted with
what you do." [al-Baqarah 2:234]
"And those of you who die and leave behind wives
should bequeath for their wives a year's maintenance
and residence without turning them out, but if they
(wives) leave, there is no sin on you for that which they do
of themselves, provided it is honourable (e.g.,
lawful marriage). And Allaah is All-Mighty, All-Wise."
[al-Baqarah 2:240]
Umm `Atiyah reported that the Messenger of
Allaah (peace and blessings of Allaah be upon him) said:
"No woman should mourn for a dead person for more
than three days, except for a husband, (in which case the
period of mourning is) four months and ten days. She should
not wear any coloured clothes, only simple dress. She
should not apply kohl to her eyes, or use perfume, except for
a little qust or izfaar (types of perfume), when she
cleans herself after finishing her period." (Reported by
Muslim, 2739).
Umm Habeebah bint Abi Sufyaan reported that when
the news of her father's death reached her, she called for
some perfume and wiped it on her forearms, and said: "I do
not need it, but I heard the Prophet (peace and blessings
of Allaah be upon him) say: `It is not permitted for a
woman who believes in Allaah and the Last Day to mourn
for any dead person for more than three days, except for
a husband, (in which case the period of mourning is)
four months and ten days. (Reported by al-Bukhaari, 4926).
Umm Salamah, the wife of the Prophet (peace and blessings of Allaah be upon him) reported that the
Prophet (peace and blessings of Allaah be upon him) said:
"The woman whose husband has (recently) died should
not wear clothes dyed with safflower or torn clothes, or
dye her hair, or use kohl."
(Reported by al-Nisaa'i, 3479, and others).
Zaynab bint Ka'b ibn `Ujrah reported that
al-Furay'ah bint Maalik ibn Sinaan, the sister of Abu Sa'eed
al-Khudri, told her that she came to the Messenger of Allaah
(peace and blessings of Allaah be upon him) and asked
him whether she should go back to her people among
Banu Khudrah. Her husband had gone out in pursuit of
some rebellious slaves of his, and when he caught up with
them at the edge of al-Qadoom, they killed him. She said:
"I asked the Messenger of Allaah (peace and blessings
of Allaah be upon him) whether I should go back to
my family, because my husband had not left me a place
to live that belonged to him, or any money for
provisions. The Messenger of Allaah (peace and blessings of
Allaah be upon him) said yes, so I started to leave, and I
had reached the hujurah (room) or the mosque, when
the Messenger of Allaah (peace and blessings of Allaah
be upon him) called me or told someone to call me. So
I came back, and he asked me, `What did you say?'
I repeated the story I had told him about my husband.
He said: `Stay in your house for the specified length of
time.' So I spent my `iddah there, four months and ten days.
At the time of `Uthmaan, he sent word to me asking
about this, so I told him, and he followed what I said and
judged in accordance with it." Muhammad ibn Bashshaar
told us that Yahyaa ibn Sa'eed informed us that Sa'd ibn
Ishaaq ibn Ka'b ibn `Ujrah informed us of something
similar. Reported by al-Tirmidhi, who said: This is a saheeh
hasan hadeeth. The majority of scholars among the
Companions of the Prophet (peace and blessings of Allaah be
upon him) and others followed this hadeeth and did not
allow a widow to move out of her husband's home until
her `iddah was over.
(Sunan al-Tirmidhi, 1125).
On the basis of the texts quoted above, the scholars
have defined the rules governing widows and described
how the widow's mourning should affect her life. These
rules may be summed up as follows:
It is forbidden for the recently-widowed woman to
use perfume, whether on her body or on her clothes
It is forbidden for the recently-widowed woman to
adorn herself with things like henna or facial make-up, or
to use kohl unnecessarily, or to use anything else that
may make her beautiful and attractive to others.
It is forbidden for the recently-widowed woman to
wear attractive clothes, such as clothes dyed with safflower
or saffron, or other types of red dyes and colours that
are used for adornment.
It is forbidden for the recently-widowed woman to
wear jewellery.
It is forbidden for the recently-widowed woman to
spend the night outside her own home, meaning the home
of her deceased husband, except for some
Islamically legitimate reason, such as her being afraid for her
own safety, or being evicted by the landlord of rented
premises, etc. If a recently-widowed woman needs to go out
for medical treatment, to attend legal proceedings in
court, to take exams in school, or to go shopping when she
has no-one who can do this for her, then she should do
these things during the day, so long as she comes back home
to her husband's house before maghrib (sunset).
She is forbidden to marry or draw up a marriage
contract; even engagement is forbidden, unless it is merely
hinted at and not stated clearly.
From the above, it is clear that Islam gives the
husband immense rights. The wife should give up
wearing adornments and perfume, and should stay in her
husband's home during this period because of those rights.
These rules also pay attention to her psychological state at
this time when she has lost her support. Even though
these rules are so clear, many people have still fallen prey
to many different kinds of bid'ah when it comes to
mourning, so they forbid a woman to do things that are not
forbidden in Islam, and they fabricate lies and introduce bid'ah
into the religion of Allaah. Shaykh `Abd al-`Azeez ibn
Baaz said:
"Some people may think and imagine that a
recently widowed woman should not speak to anyone, or speak
to anyone on the telephone, or have a bath more than once
a week, or walk barefoot in her house, or go outside in
the moonlight, or other such nonsense which has no
basis. But in fact she is allowed to walk barefoot or with
shoes in her house, to do whatever she needs to in her house,
to cook food for herself and her guests, to walk in
the moonlight on the roof or in the garden of her house,
to take a bath whenever she wants, to speak to
whomever she wants so long as it is decent talk, to shake hands
with other women and with her mahram relatives
(close relatives such as father, brother, etc.) _ but not with
non-mahrams, and to remove her headcovering so long as
there are no non-mahrams present. She should not use
henna, saffron or perfume, and she is not allowed to get
engaged _ a hint is permissible but not a clear statement.
And Allaah is the source of strength."
(Fataawaa Islamiyah, 3/316)
Shaykh `Abd-Allaah ibn Jibreen said: "Wearing black
to mourn the deceased is a form of bid'ah, and the wives
of the deceased only need to avoid fancy clothes,
adornment, jewellery, makeup and perfume during the
mourning period. Neglecting regular work during the
mourning period is also a form of bid'ah. The recently
widowed woman should still take care of cooking,
cleaning, washing dishes, laundry, etc., and there is no sin
invloved in doing so. And Allaah knows best." (al-Lu'lu'
al-Makeen, 39).
Shaykh Muhammad ibn Saalih al-`Uthaymeen said:
"Wearing special clothes to accept condolences is a
form of bid'ah, in our opinion, because it could indicate
that one is discontent with the decree of Allaah, may He
be glorified." (Fataawaa al-Ta'ziyah, 38).
He also said:
"Wearing black as a sign of mourning is a false
symbol that has no basis. At times of bereavement a person
should do what is taught by Islam, which is to say: `Innaa
Lillaahi wa innaa ilayhi raaji'oon. Allaahumma'jurni fi
museebati wa'khluf li khayran minhaa (To Allaah we belong
and unto Him is our return. O Allah, recompense me for
my affliction and replace it for me with something
better).' As regards wearing some special clothing, such as
wearing black and so on, this has no basis, and it is false
and reprehensible conduct."
(Fataawa Islamiyah, 3/313).
And Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
311: Intercourse with wife during `Iddah
Question:
Is it permitted to have intercourse with one's wife
during the `iddah of divorce (talaaq)?
Answer:
Praise be to Allaah.
If a man has divorced his wife (talaaq) for the first
or second time, she spends her `iddah (waiting period)
in his house and stays with him because she is still his
wife and under his guardianship. If he wants to have
intercourse with her, then according to some scholars if he does so
at that time (i.e. the time of `iddah), this means that he
has taken her back and her `iddah is over. Other scholars
say that he should say words that indicate that he has
taken her back (e.g., "I take you back" or "I take
so-and-so back") before he has intercourse with her, and that
there should be two Muslim witnesses to these words. This
puts an end to the `iddah, and he may then have
intercourse with her whenever he wishes. This (the second
opinion) is the soundest course to take if he wishes to
have intercourse with her. But in the case of the third
talaaq, she does not stay with him during her `iddah. She
leaves his house and is no longer permissible for him (i.e.
he cannot have intercourse with her) unless she has
married another man; if he divorces her, then she is permitted
to return to her first husband in a new marriage. And
Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
31: Different types and periods of `idda (waiting period)
Question:
What are the different types of ` idda (waiting
period) and what are their extents?
Answer:
According to the Islamic shari'a, the
`idda is a waiting period with certain exigencies required of a woman
when the appropriate condition exists—either divorce or
death (of her husband). As for divorce, the
`idda for a pregnant woman is until she delivers her child, and for one
who still menstruates, it is three menstrual cycles, whereas
for one who is either too young or too old to menstruate, it
is three months.
As for the widow whose husband has passed away, if
she is pregnant then her `idda is until she delivers her
child; otherwise, it is four months and ten days.
Islam Q&A Sheikh Muhammed Salih Al-Munajjid
(www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
145: Husband and wife must stay in same house
during iddah
Question:
Is it permissable for the husband to move out of the
home during the iddah of his wife? For what period of time
is he required to maintain her after he pronounces
divorce? If he abandons the home and does not maintain her,
what does the Sharee'ah say about such actions?
Answer:
All Praise is due to Allah the Almighty. It is
mandatory that a divorced woman stay in her husband's home
during the period of iddah (specifically after the first and
second divorce).
It is not permissible for her husband to force her out
of the home.
The verse from the Qur'an which asserts this is
al-Talaaq (65:1), (interpretation of the meaning):
"... and do not force them out of their homes, nor
shall they (themselves) leave, except in the case where they
are guilty of open illegal sexual
intercourse..."
The husband is also obliged to provide for her during
this period of iddah, as she is still under his
guardianship (`isma).
It is permissible for the woman to beautify herself for
her husband during the iddah. In fact, one of the reasons
for iddah is to provide a period of reflection
and contemplation, so each party may consider the consequences and review the decisions and
circumstances, so as to provide a chance for them to get back
together.
If the husband abandons the house or forces the wife
out, then the reasons for which Allah has ordained this
period have been missed. Thus, it is incumbent upon the
husband to beware of this, as he would be
disobeying a command from Allah.
There is nothing wrong with her going out of the
house for visits, etc., with his permission, just as before
her divorce.
Regarding the length of the iddah, please refer to
question #31.
May Allah guide us to the right path.
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
|
Return to Home
Page