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The Waiting Period - Shaykh Fawzan's Fiqh Book

The Waiting Period - Shaykh Fawzan's Fiqh Book

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CHAPTER

Waiting Period
The waiting ""nod i$ a """,le of divoru", and il a ltplly sprc iCoed p«iod of wailing afln divor«. The proofs of the waitlng.,mod are from tM NOOIe Qurln. the Su"mrJr (Prophetic Tradition) and the Const:nrus ofMwlim scholars.
Ill.. proofs in the Noble Qu.lo, All ah, Exalted be He, say"

-Divorced wom.n ",",,/n ill ,..tIWnl (j.e" do no/ r"marry) for periodl ... AI.Baqarah: 228) He alw
$a)'$;

-A ..d tIrnM: om.. no ",lIP' n/Wct mnut.... ...,..,ell - if 1011 dOflb/, IMIf puiod i,

/alsD for/ I""",,, ''"0 MW "ot "" ".stTlUltN. Alld fo , .. re PrYJfUlltt, ,lld, le"" I, ulllil theY,,\I£ birtlr .. (Q url n:

,Itn,

"'icHt '''''''''g ,.,u,

'''tu ,"olltl.,. ,,/'Id
4)

VII: DIVORCE

This concerns Ihe cases of separal ion bdWffn wife Ind husband in li fe. However, concerning Ihe case of the death of the hu,\)and, Allah , E.r.altC1l
He, says:

1/wR ..ha "re 1 1'"" in 1'1It""! YON tuld wivQ' "'hind - thcy. {thc "';w" shll11] "",it!llUr monu" alld tCII/d4y,r
(Qur'An; AI-Baq"uh: 234)

The proof deri'ltd from the SII"""" is the /!4dlth narnllro on Ihe aUlhority o f ' A'ishah (may Allah be pleased with her) who $aid:
"&lr/rah IVIIS ordered (by the Prophet) 10 COllnl Ihru monlhly
periods as a ..aIling f/friod."' (Rdatcd. by Ibn Mljah) There are other hadi,h, indica ting the same legal ruling.
As for the wisdom bdlirl<l the prescription of Ihe waiti ng period.;t is 10

makt: sure the woman has not concci'ltd I child sq>arating from her husband. in order not 10 let any ronfusiOlllab pl..:c concern ing the lineage of IIIe child th is period gives lhe husband lhe chance 10 rtptrIl d ivorcing her alld to take his wife back IS long is his divorce is '!.'VOCable. Hoooring the marriage contract and pointing ou t its hncti ty are :also intended through the prescription of the w:aiting period, and so is est=ning the right of th e ex-husband . Besides, th e right of Ihe fetus is highly obileIVed through ttu- prescription of Ihe waiting p.::r iod when Ihe divorced wife is pregnant. In of the prmOlll marriage. general.11tt waiting period il considered The wailing pciod is obligatory upon every woman who has sq>;In.ttd from her husband whether by d ivorce, by IItt khul' (wifei .insl by a d i:;.s<)Jution of the contract, or by the d eath of her husbomd. 1 1 isacondition to make the wailing period valid thatsudi a huswnd cunKKmsly had privacy with the wife with her conllent and he was polent, whether !he was a or a . lave girl, an adult or. minor of those fit 10 have intercourse.
As fortltt woman from .. horn her hwband 5Cp<Irata beforeconsummaling

marri.age wilh her, whether Ihrough divorce or the 1iM, .. hile hc is has no waiting period. Allah. E.r.alled be He, AYS:

, he

"0 ,..11 ""'0 how hd icwd. ""'no ,.... ml'rry klini", lOO,.,,". OM the" dlO'OlTc 'ht m btfort 1<'11 IUI .... 101lch,., Ih,.", [i.t., COlISumml'ltd Ih, marriagf']. the" Ih_ 1I 11'" forYOII I'IIy .."ifi", per/oJ 10 rolllll c""Ctl7li"8 thtm, ..(Qur'An: A!- Ahzab; 49)

The verb·to cmlll'· in the vent men to C(lunt ing the peri0d5 O£ months to determine Ihe time or the waiting period. and -""ve .oudtM implies noble verw indicateJ th at is hiving $tXull intercourlt with them. no waiting period for the woman divorced befou consummating m arriage. and theu is no di..pute am ong scholars OVer this ruling. The mentioning of the "bd/,,,/,,t""""''''' in the vuw is a nfeunce 10 the majority of the wives of Muslims. sinn Muslim scholan unanimoU$ly that the..., il; no difference het " Un the believing women and thoK of the People of t/u: ScriptUu (Christian Or Jewish women) concerning this ruling.

'''tm

H

However. when the husband dies. his must C(lunt her prescribed Wilting period whether he has had comummated the marriage or nO(. for Allah. Exalted be He. 1lI)'l1:
"Alld those ",ho ..re , .. lee .. III de .. ,h ..mOllg you ....d leavc wlYft beh/lld - the)'> {the wJ,,", shall} wait/our IHOII'''J and " " {days }•••• (Qurln: AI· 8aqarah: 234 )

Moreover. there il; no lepl la t or proof to dilTenntiate betw«n Ihe consummated and unconsummated muTiages in Ihis resp«l.

There aU six kinds of women in thei r waiting period: 1l The pregnant widow or the pregn ant divorced woman
2)

The non-pregnant widow

3) The divorced woman who still has her monthly menst rual period
<I) The divorced woman who does not have. monthly menslroai period,

due to young age or menopause
5) The divorced woman who no longer has her monthly menst:rual period,

without an

rcuon

6) The wife of a missing man

Concerni ng Ihe pregnant widow or the pregnant waiting period laslS until she givff birth. for Allah,

woman. her be He. says:
/J UlltIl they

M .. . And joT "'DSC WftO ...... Pretnllnt, their tu m
t iw birth•.•-

(Qu r'An:

4)

that the waiting I'C'riod of lhe prepant woman encU wben .me givesbirth. Someo( tbes.. klj(ewly Muslim schot..rs) maintained that the pregnant widow mutt consider the Ion1u period: dther until she gives birth or until four month alnd ten days pass . However. afterwards. Muslim

The noble wnw

".

VI1, OlVORCE

scholars unanimou.Jy agrN d th.t th e waiting period for the pregnant woman

ends when she give. birth, whether she is a divorae d or a widow.
However. the waiting period for the pregnant woman does not end if she miscarries, and h OT embryo is a me1l' unformed lump of flesh. Th. waiting period of the pregnant woman ends when she gives birth to a newborn that belongs to Ih. separatro (by divorce. death, etc.) husband; thus. her

waiting period does not end if ,he gives birth to a child that does not belong to the separated hushand. For aampl e, if the husband cannot have children due to a congenital ddect or young age, or when the child is born alive in a period of pregnancy 1 .., than six months an.r consummating their marriage, this
child does not belong to this husband. Therdore, her waiting period d ""s not ond by giving birth in such cases.
Th. minimum period of pregnancy is six month .... Allah, Exolted be He, says:

•... and hi_tutatlon imd m'Wling {pniodJ i. thirtynwnths•• .•
(Qur';ln: Al·AhqH: 15)

A,d
''Molhen /tiny "urse complete years .••"

fi.".) breastfeedJ their child...,,, two
(Qur'an: Al-Baqarah: 233)

If we subtract the period of breastfeeding, twenty·four month" from
thirty months, the remaining i. six months which is the minimum l'<'riod of pregnancy. and there is nO child that can live ifhorn il) less than six months after conception. Muslim scholandifferon d etermining the maximum l'<'riod of pregnancy. The most preponderant view is that this period depends on the actual cas« th,,\ h"ve already occurred. Al-Muwaffaq Ibll Qudamah said, ·When there;$ no t£:.lt, we must resort to the (am, and some cases of pregnancy have bun reported to last for five years and more:' However, the common p"rioo of pregnancy is nine months, for most women give birth after nine months of the conception.
It is impermissible to harm or ass.ault the embryo .. it is highly protected in the Islamic snarl· ah (Isllllllic Law). If the embryo, after the soul ha, b",athed in it. ;,. miscarried and di<$, due to an assault against it, blood money and expiation are obligatory upon the erimi....!. If the pregnant woman deserves the legal puni.mment ofla.ming or that of stoning to death, it mmt bt prutponed until she gives birth. Also, it is impermissible for the pregnant woman to cause herself to miscarry by taking medicine or the like.

Ch.p'''?: W.j[ing I>.:,iod

These rulings indicate the comprehensivenrs.s of the Shad 'ah that observes and protects the rights of the embryos. Then, all pra i"" is due to Allah, Lord of the worlds., for His granti ng us this just and comprehensive Shari'ah. We ask Allah to help us adhere to His and be sincere to Him in religion, although the disbelievers dislike it. Concerning the non·pregnant widow, her waiting period i. four months and ten days. whether her husband ha., died before or after the consummation of marri age. and whether she i. fit to have ""xual intercourse or not. This is bream. Allah. Exalted be He, says: who ort taUn in death am''''g you and /ea". "A nd wjus behind - they, {the wives, shall] waitfour months and te .. {days]..." (Qu r'an: Al-Saqarah: 234) lbnul -Qayyim said: "The WIliting period prfscrlped for the widow is obligatory. whether ht r mMriage has been consummaled or nol. IJccording to the generoli ty ofthe legal texts 1nl he Noble Qur :In. th eS unnah (Prophet ie Trodition) as well a.'I the agreement Muslims. The period for the widow is not merely intended for making sure of nor is il an absolute act of worship. sillet eyery ruling in the Shad has ilS wisdom which is understandable to SOme and ambiguous to others."'
AI-Wadr and oth er scholau stated, unanimously agr.. that the waiting period for the non -pregnant widow is four months and ten days'-'

As for the widowed sL ave girl, she must observe half the waiting period of widow; that is two months and five days (including five nights). This the is hecau"" the Prophd's Companions (may Allah bt pleased with them all) unanimously agree<;! that the divorce<! slave girl must observe half the waiting period prescribed for the divorced woman. and so is the ruling on the wido_d slave girl compared to that on th e widow. AI -Muwaffaq Ibn Qudtmah <aid, "Thi< i< the view of the majority of <eha/an. ,ueh Mdlik. A.hShtlfi 'I. Scholars of Interpretative Opinions." AI-Mu waffaq Ibn Qudtmah also said in hi, book enti tled AI.Mubdi" (the Creative):
"The rmanimousiy agreed that the widow girl must observe half the waiting ""riod prescribed for Ihe fru widow W<)maM; otherwi5t. the verse slales a general ruling concerning both the salve wvmtn:'

VII: DIVORCE

There are some Rulings pertaining to the Widow
she was stiying it the deat h of her husband, and it is impermissible for her to leave thll house w:epI for I legal excUK, ou the ProphC't (PBUH) Jaid to a widow:
widow must spend her prescribed waiting period in the house

"Stay at your horn",:'
In :an<>thu namollon, he (PBUH) said:
"SIll)' durlllg )\Iltr

MJiting fWriod in tht hOIol$t wltm

Ift'r't

infonrrd afyour hu"band\: delUlt."·

(Related by the Compilers of the Sunan)'" if the widow Is obliged 10 move Into another house, she Is to go whell'w, she desires in order to avert any harm. For example, she can leaw the Ilouse If she fears fOf herself from staying lhell' or u forced 10 Inve it, or if the hO\lK is rt nted and its owna asks her to leavr Of asb for
I

higher Il'nl.

It ;1 pennissible for the widow 10 go OUI from her house for her needs during the daytime, nOl It night when evil incidents Il/"e expected, for the Prophet (PBUH) &lid to the widows observing waiting periods:
"Talk as much you WlInt at tk I",mt of one ofyou and when you

want to sltep. Ihtn twryOl«! ofyou should rtlurn 10 hu home.""

Moreover, it ill obligatory for the widow 1 0 show the Ioigns ofhe. IDOllming by avoiding an that whkh may I/"OUie othen' desire IOWIrds 00 01" mm bet IttI"ICtift to look It With rq.ard to this. the greM tcholar Imba .... uI-Qarrlm (may Allah mercy on him) said:

"This (the widows mourning 0,," htr latt husband) imiiC4/!!S Ihe
ptrJ«tion and wisdom of Iht lsiamic Sharl ·ah ((slami' LA",) and how i. thoroughly look. ..fier th", of Mus/i",.. Mourning tht dtetastd JjgnifltltM big disasler afdtath which prop't UJtd 10 uo.ggtmtt urnsivdy during tlv i'rt-lslo.mi, Period of Ignoran,,,, (rhllt!hi!iyy<lh). During such Ihys, llu widow used 10 stay in Iht wont .."" 5m.. UtJt houu, willwut lou,hing ptrfUmts., "I'plyingoiJ 10 her /liking .. !>..th or Jumlil:e lids tlW i'ldia.u diuatufadion with rht DMnr PmltllilUJ'io" . Qu, ofHu AIIllh, /Je Ht, mu nullifltd this way of mOllNling obserwd by the people of rhr Prt-Islamic Ptriod. of 19nortlnu (rhe /dhiliyyalr), Ilnd substirured

pmience, thankfulness, turning back to Allah by saying 'Indeed, Wt belong to AI/oh and ind ..d to Him we will return: Since the di",st. r of deaJh naturally causes jU>in and sadness to the ptople of the deceased, Allah, tlu Wise, the Acquainted. <1l1ows them (th e relMjws other than the wife) to show only afew signs of mourning, that Inst for three daY' only in order to provide them with comfort and release their sadnw. So, mourn ing is prohibited after these three days <IS it is considered a prospective ."i/. What is meant hert. is that Allah permits women to mourn over their deceased. other than the husband, fo r thrt.e days. However, mourning aver the husband is related to the wailing period as it is considered af its nect ssities alld complementary practiC es."
A1J for the pl'<'gnanl widow. she ends her obligatory mourning as as she gives birth 10 her child. Her mourning is reslricted 10 her waiting and is complementary to it, and ont of i Is rulings and obligatiom. Thel'<'fore. her mourning is obligatory as long as she is slill in her waiting
Imho Ibnul-Qayyim then said:

iI. l1I"mOI! needs to adDrn hml lflO /It lowly for her husballd. When
he dies and she is still ill her wailillg period and connat be the wife of another man, she must be preve nted from doing what a womall does for her husband. in .n-der to observe the right of Ihe deceased husband by preventing herself from another man until th e decreed waiting period ends. This also htlps block the means to desire men or be desired by men if she ad"rns herst!f.'''
Thel'<'fore, Ihe widow in her musl avoid adorningherselfby applying dyes, henna, and the like. She musl not wear ally apply any perfume. or wear any adorned dothes, a5 she has to wear only unadorned there is no special clothing for mourning period, and hence the widow can her usual clothes ""cept Ihe adorned oneS. When her waiting period is over, she has nO legal obligation to say or do anything. unlike what common think. wailing period prescribed for WOman who no longer expects menstruation is three monlhs, for Allah, Exalted be He, says:
"Alld thfIU who 110 /ollpr e1C/,«t menstTuatloll "mong your

_'11'" -Ify<lu dlIub1, then tht ir perrod 11 thrte manth$...

4)

VII, DIVORCE
'fhf, pr..aibcd waiting period for a diVOf'Ced woman, who iI not !=Snanf

and . till 11. ... m...,strual period" is fhree "",,,,frual periods, for Allah, EDited

be He, saY"
QVillOrud women rl'mai" in Mlmng {I,e., do no/ 1?marry} for
Ihrl't pniodl, IInd /f /, "01 '11 ..."" /n thrir ..

'0"'".....

for lhe", IDto"ctlll ...hal AUah
(Qur'An: .... l·s..qarah: 228)

This noble verw indi(;ltnlhal the divon:ro woman n.ust observe a waiting period of three meMtrual periods. and thm w can MTII.rry if she likes.. The word "periods" mmlioned in the wrse ",fen 10 men$lrual periods, a5 narnted from ' Umar ' Ali Ibn AbU. Dlib, and Ibn ' Abbjs (may Allall be pleased witll th em all), The Prophet (PBUH) used tile ltame word 10 to Ihe same meaning as he (PBUH) said 10 a woman In a Slate of ;,tibAdah (Le. a woman having vasi nal bJ«ding other than mmslruation):

•. .. When )I1ur menslrutJlion com"" do /10/ perfo,m /'To.,,""-"
Moreover. Ih.,., Ihlft menstrual periods must be and Ihus if Iht woman is divorced during her meMtrual period, this period will not be counted a5 one of the thl"« menstrual periods pres<:ritlfil for t",r as a waiting period. It is worth mentioning that though divorce prohibited during the mr ... trual Jl('riod, it is legally vllii d.

The prescribed waiting period for the divorced rJ.a..., girl is only tWO menstrual Jl('riodJ, for tite Prophet (PBUH) $;lid:
"The .....iting

of liu Ji,...., womlln iJ two monthly pmods.-

Th il is Ihe opinion of ' Umar. itis son (' Abdwllh Ib n ' Umar), and ' All Ibn Aba Dlib. and 00 one ohhc Prophet's Comp;an ions opposed this opinion , Thu •• this rul ing makes an rI the gmeraJity indioled by the Qur'anic veru, U Diw.rreJ rt/f/alll /n Mlllin, {I.r., do nal rtmarryJ for rh," period$ .•• (Q ur1 n: Al · 228) According to the analogical dedu ctio n,

_mt"

the waiting period o(l he slave girl is half that of th e (,"wo man" i. ... one and half mrnstmal peri(t(I$. Yet. u the "",nstmal period aonnOl be divided, tllus the waiting of the girl is lWO menstrual

,la...,

As for the divorced woman who does not haw a monthly menmu.d pniod dur to or young age. her wailing period i. three months. This is according 10 the noble verw, 1110# ""'0 ,,0 'on1ft' up«1 menslnlllliOll amo"g)l1ur _mo" -Ifyou doubt, dun thei, perlfHIl' thr« "'/lnth., and (""0 !/lr}lhMt who hI/ill 1101 ItItH/lrUllltd ..• " Al-Iahlq: 4 )

Ch.p"" 9, W.i[ing l'<rOod With regard to this, Imim Muwaffaqud -Dtn Ibn Qudlmah and other scholars stated that:

"Muslim scholars UIf a If i mously agree I hat I he wa i ti ng periodprescribed for mtMopausal freewoman and far Ihe youMgfreewomoll, who ha> Mot mmstruatcd yet, is Ihree momhs·"
As for the woman who ha. reached the age of puberty but has not menstruated yet, her waiting period is to be the same as the menopausal who have woman, as she is induded in the verse: ___ alld (also for] no' ___'" (65: 4) \\/hen the menopausal divorce<! slave woman or that who has nnt menstruated is the mother of a child of her master, her wa it ing period is two months, for' Umar (may Allah be pleased with him) said:

"The waiting period prescribed fo r the divorced s/a¥e girl who has btgoltm a child to her master is two menstrual periods. If she has not mell$tnwled, he' wailillg period is IWO montlls,· "
This is because the months substitu te for the me nstrual periods. 5<>me scholars maintain that waiting period of such a WOman is only one and half months. Thei r proof oflhi s is that the waiting period prescribed for the slave girl is half that observed by the freewoman, and the wailing period for the freewoman who has not menstruated is three months; thus, the menopausal slave woman is one month and a half.
Co ncerning the divorce<;! woman who used to menstruate but suddenly stops menstruating not because of old age, she has two cases:
The firft CIl5t is when she does not know the cause that prevents her menstrual period, and hence, she is to observe a waiting period of on e nine months for pregnancy and three months for the waiting period prescribed for the menop.usal wOman. Aih-SUfi'l (may Allah have mercy on him) said:

·This is Ihe judgment of ' Umar issued among the MuMjir,," " alld the An.!"'" and none of rhem dellied it. Th. rearon btkind waitingperioo is to make sure Ihat the woman is "01 pregna/lf, and when nine manlhs pass, it btcomes cerlai" IkM she is n OI pregnant. Then, she '" to observe Ih. wailing perioo pmcribed for Ihe menIJpausal woman, i.e.. three montm. The lotal wailing period '" Ihus twdve monlm, during which it wiU bt urlaill that she is 1101 pregnant and that the three months .upposed to be fc r mtmlruatj"H have palSed:

."

VII, OIVORCE
The HCond cast is when such a _man knows IM cause that prevents her mmstrual.,..riod. such as iIInm. brnstf«ding. or taking a medic:iM thi.! pn:YI:nts mensln.l2l:ion. In this (list, ,he is to wail until tk no longer nisI>., and thm if silt menstruatn again. she is 10 observe a wailing per iod ofthl'« memtrual.,..riods. However, if she does nO! menstruate, she is to observe wailing period of one year just as the woman who dDe§ not know the ClIUst that pn:vents her menstrual p<:riO<l, according to the most prepondentnt view. This is the opinion

Ibn Taymiyah and onc of the I>piniom [dated about
[mlm Ahmad. Theft are tomt cases .,..rllininSlo the mUSllh'lIah" : TM first case is when she knows her time and habit of menstruation

bd'on istib4dPh ".11Ien,her wait ingperiod must equal th= periods according 10 her \l5Ual
Tht 5«Ond is Whrll she fofldj tM dUrlItton other menstrual period before the iSliiI4dah, 001 shtdistingul$l\e$ her menstrual blood (from the blood of isrill6d.ah); thut. sh e must consider her men.trnlion pcriod relying on the di5tinclion bclwten the menmual blood and of iftih4bh .

The third case is when .he forgets the lime'! of her men.truation and she cannot distinguish her menstrual b lood. Ihen $he is 10 observe the same waiting pcriod of a menopausal divorced woman. namdy three months.. Oneofthe rulings pertaining to IM wailing period is Ihe marriage propoJal 10 a woman ob.serving her wail ing period. It is prohibiled 10 propose frankly to the widow or the irf'tVOCtlbly divorced woman as long as any o f is obierving her waiting period. For aample. I ma n is prohibited 10 say to such a wormn something like. - I W;lm 10 marry you." Ho--..er.he CIn allude concern]ng' proposal 10 her, such as when he says, - I want to marrysomcone like )'0\1", for Allah, Exalted he He, sa)'$, - Thm blame "pmt ro"/fIr th4t to whlth Y"" [I"dlnet',] "I/rule "",,«r"/"I" t" ... (2: 235)

propo'",

,,"0

M

In addition, it is permissible for the man 10 p ropo"', whdher frankly or indirectly, to hi. revocably divorced wife during Or aftu hu waiting period. since M b permine.:l 10 lau back his TCv(l.;ably diV<)rced wife during heT

waiting period or remarry her ;dler her wailing period.

As for the wife of a missing man who has disappeared and it is not certain that he i! alivr, she is to wait a sufficient period, set by the judge, for him to come backor until something certain is known about him. During this period, me is still considered his wife, since thte principle acted upon in this case is that he is considered alive. Wh en thi' f'C'riod expires. he is legally considered a dead person, and his wife is to observe the waiting period prescribed in case of death, which is four months and ten days. Thil iI the judgment the Companions (may Allah be pleased with them all) gavr in such a case. Iml m Ibuw-Qayyim said:

•... The Rightly-guidM Caliphs gave judgments conuming the wife of 1I missing m<ln a, n<lrrMed "hour ·Um<l' Ibnul-Kh<lUAb. Im<lm Ahm<id Ibn U<lnhol said. 'r do nor doubr this ruling, fo r five of the Companions ordered rhe wife of the mming m<ln to obs ....w the w<liting prescribed fo' tlu: widow.' .>0
Imlm Ibnul-Qayyim added, "Tlu:opinion of' Um"r is rhe most preponde'<lnt

view by means of an<l/ogic<I/ deduction. "nd SJ,,,ykhu/-bliJm Ibn T<lymiY<lh said, 'This is the sounde$t opinion.'·
When the waiting period of the wife of a missing man expires, she is permitted to marry another man, and she does not need to get a divoKe from the guardian of her miMing husband. If she remarries and then her fi!"$\ husband returns, he has the option to take her back or approve of he.- second marriage and restore his dowry, according to the preponderant view, whether his return ill hefo.., o r after the consumDllltion of her marpage 10 the other man. Wrtt> reJlard 10 this, Shlykb..I -lalAm Ibn Tl yml)'llh (may Allah have men:yon him) said:

"The sounkst ruling On tlu: wife of a mining m<ln is the judgment of ·Umar "Md some other Complmiol15; site must ..".it four then abuTW the wtlitiMg period pnscribed for widow. A.fter completing h.... w<liting period. she is permitted to m"ffY "n(}th .... m<ln. if her first husb<md ,..,turns after slu: has mllrrltd, he has the option 10 take her back or to restore his dowry, whetlu:, his return is EH.fore or after rhe COllSllmm<ltion of her mtlrrl"ge to the oth .... maM. A.nd this is the opin km <leted upon iM the liaM""lf School."
He added, "Giving the man the optian af t<iking hoek his wife Or restoring his dowry is the most prepond....anl view.""

VU, DIVORCE

Endnotes
1 1bn (lW7) [215311 2 Th" i. the waiting period <>ftn. non-pregnant widow_ 3 See; M-M"ghni (11/B4). 4 See: "Z<ldul-Ma 'Jd" (4/206), 5 See the footno t. in • ..... r.Rowd AI-Murbi '" (7/5S) , 6 See: "AI-Mughni [9/107). 7 Se. the footnot. in • ..... ,..Rowd AI-Murbi" [7/561, 8 Abu Diwfld (BOO) [21500j. At-TIrmidhi (J21H) [315C191, An.N""! (3528) [3/5101. and Ibn (2031 ) (USOIiI_ 9 Ibn Mi j.h (2031) 121 SOIij .nd An-Na ..·t (3529) (31S J I). 10Th. Sunon r&11I to compilation. of th. Proph<l;c fI<ldlih. cla"'ified acc<:>rding to 1.lamic ju,i.prude ntial.ubj<ct.; th. main rom compiler:< oftht Suntln ore AbQ N.wOd. Ibo At· TirmidhJ a nd An-NW •. 11 AI .B"l"haqi (15512) [71717 1. 12 S .. "J"Mm AI-M""'<!j'in' (21 t651_ I J AIHi Dl.woid (280) 1111391. An-N ..., (211) (1/1311, .nd Ibn MAj.h (620) (l/3-(J]. 14 Thi. i. becau.e the diyah (blood !IHlney) <>fa girl " half that of. freewoman ond. likewi"', the punishment • • girl ,«ei"". i. h.lf th.t of a freewoman_ IS Su").I-Mughni" (11/2651_ 16 Ad.Dar-.qutnI (3785) Al -lI.lyh>tqi (154,1) ,Dd 'A!>dur_lumlq (l21!7l) 1 71ll1 1 _ 17 The MuMjin;'n: The Emigrant" those Mu.<linu who emigrat.d from Mec<. to Modin. for bring pe,,,,,,ulod in M«ca becaUK of embr:u;ing I.lam_ 18 Mu,wJJMpJ., A worn.n in • • tat. of i'li/J.Jd<lh (i .• , 0 woman having vaginal bleeding other than mtIlSlru.tioo). 19 l<Ii/J.Jd<oh: Voginal bleeding othtr than merutruatiQn. 20 See"/ ' lam AI-Muqi 'in" (215J). 21 Majmu ·u/· Fo,dwJ" (IOI377-JIl 11 ,

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