Page 139 - Islam In Focus

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another man before the expiration of this period, which is between three months to 12
months time depending on the circumstance of the woman. If one divorces his wife
after touching her (made love to her), it will be mandatory for her to pass three
consecutive full periods of menstruation if she is of those who got menstruated and is
not pregnant. Allah says in the Holy Qur’an "Divorced woman shall wait concerning
themselves for three monthly periods… " (2:228)
“ For those who are pregnant, their period is until they deliver their burdens… " (65:4)
If the woman is of the type who is not menstruating for some reasons (i.e., young girl,
one who removed her reproduction organ or one who for some reasons have no more
hope to menstruate) her waiting period shall be three months
"Such of your woman as have passed the age of monthly courses, for them the
prescribed period, if ye have any doubts, is three months, and for those who have no
courses (it is the same).." (65:4)
In another circumstance, if the woman is one who used to menstruate regularly, but
the blood has stopped for a certain reason, such as being afflicted with sickness or
fostering a baby. The woman must be confined in an unlimited period of waiting even
if it will last long. Under such circumstance, she has to wait until the blood comes out.
Then her period of waiting will be calculated by the days in which the blood will be
remaining and nothing else. However, if the woman gets cured or finished fostering
(i.e., the cause of stoppage of blood has ceased) and yet she is not menstruated, she
must then wait for a full year period (as Iddat) after which the reason thereof is
cleared. It is said further, that if the reason for the interruption of the blood has been
cleared but still no presence of the blood, she will be like one whose blood of
menstruation has stopped for an unknown reason. Thus, she must wait for a period of
one full year (i.e., nine months attributed to pregnancy being the maximum period as
step for precaution in addition of the three months waiting period). (A Treatise on The
Natural Blood of Woman by Sheikh Mohammad As-Salih Al-Othaiymeen, translated
by Mohammad mostafa Shamma and revised by Dr. Huda Afshi)
The waiting period is another chance for both to reconsider their attitudes in a more
serious manner and deliberate on the reflections of their separation. If they desire
during that period to reunite, they are permitted to do so. In fact, they are encouraged
to reunite because separation in this way usually helps them appreciate one another
more. When the waiting period expires, the divorcee is free to marry another man.
They are no longer obligated to one another
Should there be a reunion between the divorcee and her former husband, their
marriage will be just like fresh one. If their relations do not improve, they can resort
to the same solution of divorce, after which they may reunite by a new marriage in
case they so desire. But if this second reunion does not succeed, then a final divorce
may be applied
By allowing divorce in the first place, Islam declares its policy that it cannot tolerate
unhappy, cold and stagnant marriages which are much more harmful than divorce. By
making it twice, one after the other, with the choice of the parties to reunite, it offers
every conceivable chance to make marriage effective and purposeful. Here, Islam is
prepared to tackle all kinds of problems and cope with all situations. It does not