The observance of ‘Iddah is a phenomenon which comes in Islam as an attendant result of divorce and death of one’s husband. As divorce and death occur from time to time, the observance of ‘Iddah also becomes a re-occurring issue for debates among scholars and Muslims across times and climes.
It is on this basis that the paper set out to interrogate the maqṣad (rationale) behind the observance of ‘Iddah after divorce or the death of one’s husband. Though the periods for the observance of both ‘Iddatu’ṭ-Ţalāq and ‘Iddat’ul-Wafāt have been categorically stated in the Qur’ān, there is a conditional phrase which may likely utter these prescribed periods as contained in the Qur’ān. This phrase, as examined in this paper is simply put as “hattā yaḍa‘na ḥamlahunna” and translated as “until delivery”. This phrase, the application and the interpretation of which formed the background of this paper was critically examined with a view to establishing whether or not pregnancy or its delivery is a factor considerable to terminate the observance of ‘Iddah unconditionally. From the re-interpretation and cross-examination of this paper, it was argued that pregnancy or delivery is a condition which bestows the mercy of extension on the observance of ‘Iddah rather than being a phenomenon which abruptly brings it to a close. The paper therefore concluded, going by referenced instances from the Sunnah and other sources of Sharī‘ah, that the prescribed periods of ‘Iddah in the Qur’ān are the minimum required durations which can be extended by pregnancy.
Table of Contents
- Introduction
- Definition and types of 'Iddah
- 'Iddah Versus Maqāṣid Ash-Sharī'ah
- Observance of ‘Iddatu'l Wafat
- Observance of ‘Iddatu't- Ţalāq
- Interpretation of the Phrase “Ḥattā yaḍa'na Ḥamlahunna”
- Notes and References
Objectives and Key Themes
This paper aims to re-interpret the Qur'anic phrase "ḥattā yaḍa'na ḥamlahunna" ("until delivery") within the context of 'Iddah, the waiting period observed by women after divorce ('Iddatu't-Talaq) or the death of their husbands ('Iddatu'l Wafat). The study seeks to clarify whether pregnancy affects the duration of 'Iddah and to provide a well-reasoned jurisprudential understanding of the matter.
- Definition and types of 'Iddah
- The rationale behind 'Iddah (Maqāṣid ash-Sharī'ah)
- Observance of 'Iddatu'l Wafat and 'Iddatu't-Talaq
- Interpretation of "ḥattā yaḍa'na ḥamlahunna"
- Reconciling differing interpretations of 'Iddah's duration
Chapter Summaries
Introduction: This paper introduces the concept of 'Iddah in Islam, focusing on the re-interpretation of the Qur'anic phrase "ḥattā yaḍa'na ḥamlahunna" ("until delivery") to clarify its implications for the waiting periods after divorce and the death of a husband. It sets the stage for a jurisprudential examination of 'Iddatu't-Talaq and 'Iddatu'l Wafat, aiming for a pragmatic resolution of differing interpretations to provide clear guidance.
Definition and types of 'Iddah: This section defines 'Iddah as a legally prescribed waiting period for women after divorce or widowhood. It differentiates between 'Iddatu't-Talaq (waiting period after divorce) and 'Iddatu'l Wafat (waiting period after the death of the husband), highlighting that these are the primary focuses of the paper. The less common 'Iddatul Mafqūd (waiting period for a missing husband) is briefly mentioned, with variations in waiting periods across different schools of Islamic jurisprudence being noted. The definition emphasizes the legal restrictions on remarriage during this period.
'Iddah Versus Maqāṣid Ash-Sharī'ah: This section explores the underlying rationale (Maqāṣid ash-Sharī'ah) for the observance of 'Iddah. It posits that every Islamic practice has a purpose, and that 'Iddah serves multiple objectives, including establishing paternity in cases of divorce or death; allowing for reconciliation in cases of divorce; enabling mourning for the deceased; providing for the return of a missing husband; and ensuring adequate care for the woman, particularly during pregnancy. The multifaceted nature of the reasons for 'Iddah is emphasized.
Observance of ‘Iddatu'l Wafāt: This section details the prescribed waiting period for 'Iddatu'l Wafāt (four months and ten days), as explicitly stated in the Quran (Q.2:234). The Quranic verse is cited, and the text discusses the permissibility of marriage proposals during the waiting period, provided the marriage is not consummated until the 'Iddah is complete (Q.2:235). The section also addresses the potential perception of the waiting period as unduly long and clarifies that it's not intended to be punitive.
Keywords
Iddah, Maqāṣid ash-Sharī'ah, divorce, death, pregnancy, delivery, 'Iddatu't-Talaq, 'Iddatu'l Wafat, ḥattā yaḍa'na ḥamlahunna, Islamic jurisprudence, remarriage, waiting period.
Frequently Asked Questions: A Re-Interpretation of "ḥattā yaḍa'na ḥamlahunna" in the Context of 'Iddah
What is the main focus of this paper?
This paper re-interprets the Qur'anic phrase "ḥattā yaḍa'na ḥamlahunna" ("until delivery") within the context of 'Iddah, the waiting period for women after divorce or the death of their husbands. It aims to clarify whether pregnancy affects the duration of 'Iddah and provide a jurisprudential understanding.
What is 'Iddah?
'Iddah is a legally prescribed waiting period for women following divorce ('Iddatu't-Talaq) or the death of their husband ('Iddatu'l Wafat). It restricts remarriage during this period.
What are the different types of 'Iddah?
The paper primarily focuses on 'Iddatu't-Talaq and 'Iddatu'l Wafat. 'Iddatul Mafqūd (waiting period for a missing husband) is briefly mentioned.
What is the rationale behind 'Iddah (Maqāṣid ash-Sharī'ah)?
The underlying reasons for 'Iddah include establishing paternity, allowing for reconciliation (in divorce cases), enabling mourning, providing for the return of a missing husband, and ensuring the woman's care, especially during pregnancy.
How long is the waiting period for 'Iddatu'l Wafāt?
The waiting period for 'Iddatu'l Wafāt is four months and ten days, as stated in the Quran (Q.2:234).
What is the significance of the phrase "ḥattā yaḍa'na ḥamlahunna" ("until delivery")?
This phrase is central to the paper's inquiry. The study examines its interpretation to determine its effect on the duration of 'Iddah, particularly concerning pregnancy.
Does pregnancy affect the duration of 'Iddah?
This question is directly addressed in the paper through a detailed jurisprudential analysis of the Quranic verse and varying interpretations.
What are the key themes explored in this paper?
Key themes include the definition and types of 'Iddah, the rationale behind it, the observance of 'Iddatu'l Wafat and 'Iddatu't-Talaq, interpretation of "ḥattā yaḍa'na ḥamlahunna," and reconciling differing interpretations of 'Iddah's duration.
What are the key takeaways from the chapter summaries?
The introduction sets the stage for a jurisprudential examination of 'Iddah. The definition section clarifies the types of 'Iddah and their legal implications. The 'Iddah Versus Maqāṣid ash-Sharī'ah section explores the underlying rationale. The Observance of ‘Iddatu'l Wafāt section details the specific waiting period and addresses potential concerns.
What are the keywords associated with this paper?
Keywords include Iddah, Maqāṣid ash-Sharī'ah, divorce, death, pregnancy, delivery, 'Iddatu't-Talaq, 'Iddatu'l Wafat, ḥattā yaḍa'na ḥamlahunna, Islamic jurisprudence, remarriage, and waiting period.
- Quote paper
- Dr. Busari Moshood (Author), 2017, ‘Iddatu’ṭ-Ţalāq and ‘Iddat’ul-Wafāt. A Re-Interpretation of the Phrase "“hattā yaḍa‘na ḥamlahunna", Munich, GRIN Verlag, https://www.grin.com/document/385595
