Category: Nikah (Marriage)
The Reason For Six Or Nine Months Wait Before Counting the ʿIddah
The reason the fuqahā’ mention to wait for a period of 6 months before one starts to count the ʿiddah by lunar months, is to ensure that the woman in not pregnant. They say that by that semester it would have been clearly visible if she was pregnant. So, 6 months for istibrā’ and 3 months for ʿiddah.
How Are The 3 Lunar Months Counted For ʿIddah?
If the woman was divorced on the 1st of the month, then all agree that she will count her 3 months by the sighting of the crescent (hilāl). Therefore, her ʿiddah can be 90, 89, or 88 days.
If she was divorced on any other day, then there is a difference of opinion regarding how to calculate the 3 lunar months
Menopause at 30 Years of Age: An Exception
In the chapter on ʿiddah, ʿAllāmah Haṣkafī and ʿAllāmah Shāmī mentioned an exception to the rule of 55 years being the age of menopause.
If a woman became bāligh by age, i.e., by passing 15 lunar years of her life, and never saw a single ḥayḍ her entire life and she reaches the age of thirty (30), the judgment of being a woman in menopause would be issued for her.
Menopause Rulings
Ḥayḍ terminates when a woman reaches the age of menopause.
Age of “losing hope” for Ḥayḍ and Nifās (i.e., Menopausal Age)
Lunar: 55 years. [Preferred Opinion]
Solar: 53 years 4 months.
Rule 1: When a woman reaches the age of 55 and her bleeding stops, the judgement of her being in menopause is passed.
Rule 2: The ʿiddah (for a divorce) of a woman who reaches the age of 55 and is no longer seeing blood is counted as 3 lunar months.
Family Planning: Resolution of Islamic Fiqh Academy, India
بسم الله الرحمن الرحيم Translated by: Ṭālibāt of Dārul Imān, Barbados (1441) 1) Any such action whose objective is to bring the human progeny to…
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