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Chapter twenty-nine » The ʿiddah of a woman whose husband has died → ← Chapter twenty-nine » Divorce

Chapter twenty-nine » The prescribed waiting period (ʿiddah) of a divorce

Ruling 2528. There is no ʿiddah for a girl who has not completed nine lunar years nor for a postmenopausal woman. This means that even if their husbands have had sexual intercourse with them, they can marry immediately after becoming divorced.

Ruling 2529. If a husband divorces his wife with whom he has had sexual intercourse and who has completed nine lunar years and is not postmenopausal, she must observe ʿiddah after the divorce. The ʿiddah of a woman for whom there is a gap of less than three months between two of her menstruation cycles is as follows: after her husband has divorced her during a time when she was clear of [of ḥayḍ and nifās], she must wait long enough for her to experience ḥayḍ once more and to become clear of it, and when she experiences ḥayḍ for a third time, her ʿiddah comes to an end and she can marry again. However, if her husband divorces her before having sexual intercourse with her, there is no ʿiddah, meaning that she can marry immediately after her divorce unless the semen of her husband has entered her vagina, in which case she must observe ʿiddah.

Ruling 2530. If a woman does not menstruate even though it is usual for women of her age to menstruate, or, if a woman menstruates but the gap between two of her menstruation cycles is three months or more, then, in the event that her husband divorces her after having had sexual intercourse with her, she must observe ʿiddah for three lunar months after the divorce.

Ruling 2531. If a woman whose ʿiddah is three months is divorced at the beginning of the lunar month, she must observe ʿiddah for three complete months. However, if she is divorced in the middle of the month, she must observe ʿiddah for the rest of that month, and for the two months after that, and then in the fourth month she must observe ʿiddah for the number of days that had passed in the first month before she started to observe ʿiddah so that three complete months are observed. For example, if she was divorced at the time of sunset on the twentieth of the month and that month had thirty days, then her ʿiddah would come to an end at sunset on the twentieth of the fourth month. And if the first month had twenty-nine days, the obligatory precaution is that she must observe ʿiddah for twenty-one days in the fourth month so that the number of days for which she observed ʿiddah in the first month equals thirty days [with the addition of the days from the fourth month].

Ruling 2532. If a pregnant woman is divorced, her ʿiddah comes to an end when the child is born or is miscarried. Therefore, if, for example, her child is born one hour after her divorce, her ʿiddah will have ended. However, this applies when the child is the legal offspring of the husband; therefore, if a woman becomes pregnant from adultery and her husband divorces her, her ʿiddah does not end with the birth of her child.

Ruling 2533. If a woman who has completed nine lunar years and is not postmenopausal is married in a temporary marriage, and if her husband has sexual intercourse with her and the period of the temporary marriage comes to an end or the husband gives her it, then she must observe ʿiddah. Therefore, if she experiences ḥayḍ, she must observe ʿiddah for two menstruation cycles and must not marry during this period. And based on obligatory precaution, [observing ʿiddah for only] one menstruation cycle is not sufficient. However, if she does not experience ḥayḍ, she must observe ʿiddah for forty-five days before getting married. Furthermore, in the event that she is pregnant, her ʿiddah comes to an end when her child is born or is miscarried, although the recommended precaution (al-iḥtiyāṭ al-mustaḥabb) is that she should observe ʿiddah for whichever is the longer period between giving birth and forty-five days.

Ruling 2534. The ʿiddah of a divorce begins from the moment the formula for divorce is said, irrespective of whether the woman knows that she has been divorced or not. Therefore, if she finds out after the ʿiddah period has ended that she has been divorced, she does not have to observe another ʿiddah.
Chapter twenty-nine » The ʿiddah of a woman whose husband has died → ← Chapter twenty-nine » Divorce
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