Question:
What do the scholars of Deen say concerning the following issue. A woman was pregnant and in this condition her husband gave her the talaq mughallazah (3 divorces). Upon the termination of her eddah by childbirth, she married another man. Unfortunately, the second husband also divorced her. After delivery this woman did not menstruate for a year or year and a half. This issue affects many women. Now what is the method of completing her eddah? Can this woman count her eddah by months?
Answer:
In the case under discussion, it is necessary to count her eddah by menstrual periods according to the Hanafiyah. It is mentioned in ‘Durr Mukhtaar’:
وخرج بقوله ( ولم تحض ) الشابة الممتدة بالطهر بأن حاضت ثم امتد طهرها فتعتد بالحيض إلى أن تبلغ سن الأياس جوهرة وغيرها (در مختار مع الشامي ج 2 ص 828 باب العدة)
If waiting this long in eddah is unbearable, then she should take medication to induce her periods. If she is unsuccessful and there is a strong danger of falling into sin, then she should take a fatwa of counting the eddah by months (9 months or one year) from a Maliki Mufti or get a verdict from a Shar’ee council and then practice accordingly. (That’s all.)
The Fatwa of Hakeemul Ummat Maulana Ashraf Ali Thanvi نور الله مرقده:
Answer:
From the chapter of Eddah in Durr Mukhtaar and Raddul Muhtaar, it is clear that in such a condition she must wait on her periods until menopause, according to the Hanafiyah. According to the Malikiyah, the edaah would be nine months or based on the relied upon opinion one year. It is permissible to act on this opinion at the time of need. End quote.
This humble one [Hazrat Thanvi] says that one should take the following into consideration:
Firstly, remedy it. [Induce the periods. Translator’s note] Secondly, there will be a need for a Qadhi’s (Muslim judge’s) verdict to practice on this opinion. A Muslim Judge, even if appointed by a Non-Muslim king is a Shar’ee Qadhi. Therefore, she should put a request that a Muslim judge be given the authority to issue a verdict with regards to this matter. Then this Muslim judge should grant her the permission to marry again after completing her eddah in accordance to this fatwa. This is what should be done. Thirdly, if she started to count her eddah based on this opinion but then she saw a menstrual period before the year ends, then the eddah would have to be counted by the menstrual periods. And Allah knows best. 9th Dhil Qa’dah 1325 AH. (Imdaadul Fatawa Vol.2 Pg.431-432)
The Fatwa of the Grand Mufti Hazrat Maulana Mufti Kifayatullah قدس سره:
This woman is one who has long spells of purity (ممتدة الطهر). According to the Hanafiyah, her eddah will only be completed by menstrual periods unless she reaches the age of menopause. However, according to Imam Malik the verdict of the termination of her eddah is issued in the case where she does not see a menstrual period for nine months according to one narration and one year according to another. So if there is any severe need and there is a strong danger of falling into haram or any such vice by not marriying a second time, then take a fatwa from a Maliki and practice on it. (Maulana Mufti) Kifayatullah (رحمه الله) (Kifayatul Mufti Vol.6 Pg.383 Kitabut Talaaq)
That is all. And Allah knows what is most correct. 28th Jamadil Awwal 1399 AH.
Fatawa Raheemiyah Vol.8 Pg.415-416
