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Muslim Law Of Marriage (Alimony, Iddah, Non-Muslim Spouse, Khula)
1. Is woman entitled to maintenance after end of stipulated period in Muta marriage other than secular remedy? (Theoretically)
2. What is the period of iddah in khula? 3 menstrual cycles or the view of Ibn Taymiyyah of 1 menstrual cycle?
3. Does marrying a disbelieving woman render the Nikah ‘fasid’ or ‘batil'(as in the case of marrying one undergoing iddah)?
4. Does the denial of coital relationship by either of the spouse serve as ground for talaq? If so, then what is the Islamic remedy for the wife if the husband refuses permission for khula and/or tafweez? Also, what would be the period of iddah in the cases of both previously consummated or unconsummated marriage in a similar situation?
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9 Replies
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Muslim Law Of Marriage (Alimony, Iddah, Non-Muslim Spouse, Khula)
updated 1 month ago
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9
Replies
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1. Muta is not a valid marriage, so according to Shariah, the girl is not entitled to any benefits from the man, except what they decide otherwise.
I2. dda is the waiting period to determine whether or not a woman is pregnant. Therefore, it is the same in every case. However, if a medical examination confirms that she is not pregnant, she is not obliged to serve iddat.
3. It is still a Nikah for the man and the woman. If the man does not care about the prohibition of marrying a disbeliever, he will marry her. However, after marriage, he realizes that he has done something wrong, then he is not obliged to divorce her.
4. The reason for divorce has to be decided by the man. The one cited here can be the one.
The court can nullify the marriage in the case of Khula if the husband refuses to divorce. The iddat is the same in every case.
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Thank you for your response. I have asked all questions on a theoretical plane therefore what I wanted to know is that in the case of khula, what would be the period of iddah (3 menstrual cycles or 1 menstrual cycle)? As far as I know, in a divorce like Talaq e Hasan, three menstrual cycles are required to be observed by the woman to determine ‘istibra i reham’. However, as far as my knowledge goes, Ibn Taymiyyah asserted that since khula is initiated by the wife and this the possibility of reconciliation is almost nil, only one menstrual cycle, just for the determination of pregnancy is sufficient.
Kindly clarify the nature of debate.
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These are not just theoretical questions, but real scenarios. The answers are already given. The iddat will remain the same in every case, 3 menstrual cycles, according to us. We do not accept Ibn Taymia’s opinion.
One cycle in some cases is sufficient to determine pregnancy. For details, you may read an article of mine on this issue.
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Thank you.
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Correction: one cycle is sometimes not sufficient to determine the state of pregnancy.
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Yes. This is what was implicit in my line of reasoning, Sir. I was asking that if somehow theoretically, it was possible to determine the status of pregnancy within one monthly cycle, could it escape the imposition of injunction under Qur’an, 2:228 of three monthly cycles.
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No. It requires 100% surety. It has to be confirmed with 3 cycles or a medical report.
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If 1 menstrual cycle is not enough to determine pregnancy and 3 cycles are mandatory to be observed by the woman then why did Prophet Muhammad (SAW) marry Hazrat Safiya (RA) just after 1 menstrual cycle? Per my knowledge, Hazrat Safiya’s non-Muslim husband was killed in a war and she (RA) became a captive of war. Upon hearing of her beauty and lineage, Prophet Muhammad (SAW) decided to keep Hazrat Safiya (RA) for himself (SAW). Hazrat Safiya (RA) stayed with Umm-e-Sulaim (RA) for one month during which she got her menses. After Hazrat Safiya (RA) became pure from her menses, Prophet Muhammad (SAW) married her, her freedom from slavery (manumission) was her haq mehar, and the marriage was consummated right afterwards. If this information is accurate, then please explain why are the rules of iddah different for captives or slave girls if the sole purpose of iddah is to determine pregnancy from previous marriage and it can not be accurately determined by just 1 menstrual cycle so 3 cycles should be observed, as you mentioned in your article. Jazak Allah Khair!
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The narration in Sahih al-Bukhari does not specify that it was a single menstrual cycle. Rather, it states that she became available after her menstrual period (hallat). The report does not mention any specific number of menstrual cycles.
Moreover, she was not a slave but a captive. There is an important distinction between free individuals who were taken captive as prisoners of war and those who were slaves. Free men and women were not turned into slaves; instead, they were held until they could be released, either with or without ransom. In the case of female captives, marriage was offered as an option, and the marriage itself was regarded as their ransom.
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