Question:
Assalamualaikum. I have a question on the period of ‘iddah for women experiencing istihadhah. Does their period the same as women in menses (haid)? Hope for an explanation from SS Datuk Mufti.
Brief Answer:
The period of ‘iddah for women in istihadhah who forget their normal period of menstruation/ its counting and is unable to differentiate their blood (mustahadah mutahayyirah) is three months. While for women who remember their normal period of menstruation, her period of ‘iddah is by her menstruation cycle which is 3 times of pure state.
Explanation:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
The ‘iddah for divorced women who are still having their menstruation is three times of pure state in accordance with the saying of Allah SWT:
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ
Divorced women remain in waiting for three quru’ (three pure states)
Surah al-Baqarah (228)
While the period of ‘iddah for women who are already menopause (stop having menstruation) who are divorced while being alive is three months based on the saying of Allah SWT:
وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ
And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated.
Surah al-Thalaq (4)
While the period of ‘iddah for pregnant women is by giving birth based on the saying of Allah SWT:
وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
And for those who are pregnant, their term is until they give birth
Surah al-Thalaq (4)
While the ‘iddah for a widower is 4 months and 10 days based on the saying of Allah SWT:
وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days].
Surah al-Baqarah (234)
Coming back to the presented question on the period of ‘iddah for women experiencing istihadhah. The jurists of madhhab al-Shafi’e had discussed on the period of ‘iddah for divorced women who experience istihadhah is divided into two situations like the following:
- ‘Iddah mustahadah mutahayyirah (a woman who experiences istihadhah and she forgets the period and time of her haid as well as unable to differentiate between her blood)
- ‘Iddah for a woman who experiences istihadhah but she remembers her normal menstruation period.
Imam al-Nawawi stated that the period of ‘iddah for a woman who experiences istihadhah turns to her period of purity (normal menstruation cycle and differences in her blood). While for a woman of mustahadah mutahayyirah (who forgets her menstruation period and is unable to differentiate between her blood) is three months automatically. (Refer Minhaj al-Talibin wa Umdat al-Muftin fi al-Fiqh, 253)
The reason why it is 3 months for mustahadah mutahayyirah is that normally, menstruation will come once a month which includes both periods of menstruation and purity. (Refer Al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyah, 29/328)
Imam Syihabuddin al-Ramli also states that the period of ‘iddah for a woman experiencing istihadhah (mustahadhah) depends on her period of pure referring to her normal menstruation and purity period. While the period of ‘iddah for mutahayyirah women is three months automatically. (Refer Fath al-Rahman Bi Syarh Zubad Ibn Raslan,821)