Fatwas Regarding Menstruation and Women-related Purity Issues

←Back to Fatwa Section Index and Contents

Relevant Material

Rules Concerning Menstruation and Abnormal Bleeding
(Shaykh Ashraf Ali Thanwi)

Miscellaneous Fatwas Related to Tahaarah (Purity)
(Maulana A S Desai)

FATWAS

Fasting and Haidh and Interfering with the Natural Menstrual Cycle

Q. What is the ruling regarding the use of contraceptive pills/medicine to prevent menstruation during Ramadhaan to avoid making qadha?

A. It is not permissible for women to use poison and harmful substances or any substance whatsoever to prevent their haidh periods whether in Ramadhaan or in any other month. It is not permissible for them to violate the natural law which Allah Ta’ala has created for the expulsion of the filth of haidh from their bodies.

Unnatural storing of haidh in the body is vile and extremely harmful and haraam. By resorting to these haraam methods, they are storing extremely harmful najaasat inside their bodies. It causes even mental imbalance. The consequences of this evil and unnatural action are injurious. Their monthly periods will go haywire. Furthermore, a host of other diseases and sicknesses could develop and doctors will not know what the causes are nor be able to prescribe correct medication.

Allah’s Law dictates that women MUST abstain from fasting during Ramadhaan for the duration of their haidh period, and to make qadha afterwards. This is the Law of Allah for them. It is abominable for women to act in flagrant violation of this Decree of Allah Azza Wa Jal. The haidh condition is not an accident. It is by divine decree.

ADDENDUM – CATASTROPHIC CONSEQUENCES OF DISRUPTING THE MENSTRUAL CYCLE

The monthly menstrual cycle is a creation of Allah Azza Wa Jal designed to expel injurious and harmful filth, impurities and poisons from the female human body. Any interference to disrupt this natural cycle is fraught with serious health consequences. Many of the sicknesses from which women suffer could be attributed to their satanic interference in the natural creation of Allah Ta’ala. Such shaitaani interference is termed in the Qur’aan Majeed, Taghyeer khalqillaah (changing the natural creation of Allah). The Qur’aan attributes this evil practice to shaitaan.

The following is a report on the dangerous consequences of disrupting the natural menstrual cycle with haraam, poisonous pills and medication.

PAINFUL DEATH CAN BE THE CONSEQUENCE

“Recently this past week, Nicole Dishuk (age 31 …newly graduated student with a doctoral degree about to start her new career as a Doctor…) was flown into a nearby hospital, because she passed out. They found a blood clot in her neck, and immediately took her by helicopter to the ER to operate. By the time they removed the right half of her skull to relieve the pressure on her brain; the clot has spread to her brain causing severe damage. Since last Wednesday night, she was battling. They induced her into a coma to stop the blood flow, they operated 3 times… Finally, they said there was nothing left that they could do… They found multiple clots in the left side of her brain… The swelling wouldn’t stop, and she was on life support. She died at 4:30 yesterday. She leaves behind a husband and a 2yr old Brandon and a 4yr old Justin…

The CAUSE of DEATH – they found was a birth control she was taking that allows you to only have your period 3 times a year… They said it interrupts life’s menstrual cycle, and although it is FDA approved …shouldn’t be – So to the women – I ask you to boycott this product and deal with your period once a month – so you can live the rest of the months that your life has in store for you. Please send this to every woman you know – you may save someone’s life…Remember, you have a CYCLE for a reason! For Your Information: The name of this new birth control pill is Lybrel. If you go to http://www.lybrel.com, you will find at least 26 pages of information regarding this drug. The second birth control pill is, Seasonique. If you go to the website of http://www.seasonique.com, you will find 43 pages of information regarding this drug. The warnings and side effects regarding both pills are horrible.”
Close Answer

 

Q. Is it permissible for a woman to use medication to suppress her menstrual bleeding during the Month of Ramadaan to enable her to keep all her fasts?

A. No, this is not permissible. It is improper to interfere with the creation of Allah Ta’ala. Medication to suppress what is natural is harmful for the body which was given to us as a trust by Allah Ta`ala. The Shariah allows qadha of Fasts missed. Insha-Allah, a woman will receive the same reward when she keeps these missed fasts after Ramadaan.

 

Q. Can you please help me to understand the wisdom behind menstruation? Not the physiological, but the spiritual and Islamic wisdom behind it. For a practicing Muslim woman, it is nothing but a nuisance. It is spiritually demotivating because you are unable to offer Salah during this time so you feel so disconnected with Allah. Is Salah not the most beloved act of worship to Allah? I read somewhere that because the women of Bani Israeel would go to the Masjid and cause fitna, so Allah punished them with menstruation.

A. Allah Ta’ala created women with their feminine characteristics. Allah says in the Quran: لَا يُسْأَلُ عَمَّا يَفْعَلُ (القرآن 21: 23) “Allah is not questioned of what He does.” (Al-Quran 21:23) It is thus Fard upon us not to question the creation of Allah. It is sufficient for us to believe that Allah is Al-Hakeem (All Wise). Every act of Allah with every creation of His is based on the infinite wisdom of Allah. Menses in a woman has physical and spiritual benefits. Here under are some heath benefits of menstruation:

The very first menstrual period of a woman which is known as menarche, endows a woman to someday conceive a child. As a girl matures and enters puberty, the pituitary gland releases hormones that stimulate the ovaries to produce other hormones called estrogen and progesterone. These hormones have many effects on a girl’s body, including physical maturation, growth, and emotions. If a woman does not experience a menstrual period, most likely she will not be able to conceive a child in her life.

Monthly periods work like a cleaning system in a woman’s body for her uterus in which the old uterine lining is removed in order to make way for the new cycle. The menstrual period also releases bacteria from inside the reproductive system and helps the body to discharge excess iron, which can help lower the risk of cardiovascular disease.

Monthly periods slow down a women’s aging process. When women menstruate, the color, odor, and texture of the menstrual blood can provide invaluable information as to the well-being of the woman. Menstrual blood can offer early signs of developing illness and allow for the prevention of disease.

The period follows a drop in progesterone, a hormone that encourages water retention and slows metabolism. Usually a day or two after the period starts, progesterone is low and most women lose water weight and metabolize carbs. A monthly period helps a woman maintain a healthy weight.

These are some of the health benefits according our limited understanding and researches. However, only Allah knows the true wisdom behind women having menses.

As for your second query, menses initiated from the time of Hawwa Alaihas Salam (mother of mankind). However, at the time of Bani Israel, the women would cause fitna. As a result, Allah Subhanahu Wa Ta’ala merely increased their menses as a form of punishment.

It is important to understand that there are two issues to an act of worship. (1) Submission to Allah. (2) Form of worship. Salah, fasting, reciting of the Quran are various forms of worship. They are secondary to the spirit of worship which is submission to Allah. A believer first submits to Allah and His orders. Whatever Allah wants her to do, the person carries that out. The various forms of worship, Salah etc. are consequences of one’s submission to Allah. The forms of worship are secondary. Submission to Allah is the actual spirit of worship. If it is the order of Allah not to perform Salah, then abstaining from Salah is submission to the order of Allah and as an act of worship. One should not feel that in menses one is not worshipping Allah. In fact, the actual submission is carried out.

Nevertheless, while it is not permissible for a woman to fast, pray Salah or recite Quran, it is permissible for her to do various forms of Zikr and keep her connection with Allah even while she is in her menses. It is advisable for a woman in her menses to sit on the musallah during the Salah timings and make Zikr. This practice will maintain the spirituality even in menses. And Allah Ta’āla Knows Best. (From AskImam, checked and approved by Mufti Ebrahim Desai)
Close Answer

 

Q. If haidh stops during the daytime in the month of Ramadhaan, what is the ruling?

A. Stop eating and drinking. Remain like a fasting person. After Ramadhaan, make qadhaa of one day.

 

Q. While fasting, haidh begins. Is there qadha for this fast?

A. If haidh began after half the fast was kept, i.e. half the day or more, then qadha has to be kept otherwise not.

 

Reading Qur’an, Hadith, Dhikr, Making Wudhu In Menstruation

Q. Is it permissible for a female in haidh to revise her Qur’aan Shareef and to read Hadith books?

A. She may read Hadith books, but not the Qur’aan Shareef. If she is a haafizah, she may ‘recite’ the Qur’aan Shareef in her mind, i.e. without tongue and lip movement.

ADDENDUM (Compiled by Admin)

It is agreed upon by all madh-habs that a menstruating women or a person in the state of junub (major impurity after sexual relations), is not permitted to recite the Qur’an. Just a couple of the evidences on which the Madh-habs have based the ruling on, and which have reached us, are as follows:

‘Abdullah ibn ‘Umar relates that Prophet Sallallahu alayhi wasallam said, “A menstruating women or a seminally defiled person should not recite any part of the Qur’an. (Sunan al-Tirmidhi, Sunan al-Bayhaqi)

There are also other hadiths transmitted by Imam Daraqutni, Tirmidhi, Nasa’i, Ibn Maja, Abu Dawud, Ibn Hibban, Hakim and others in this regard (See Nasb al-Raya].

Another hadith found in the Muwatta of Imam Malik states that “Only a person in the state of purity should touch the Qur’an.” This hadith has been transmitted by many other hadith scholars as well.
Close Answer

 

Q. Can women make Wudhu in menstruation? I have heard that menstruating women, after listening to each athaan, should make Wudhu and sit on the prayer mat and do zikr? Is it true?

A. It is permissible for a woman to make Wudhu and sit on her musalla (prayer mat) to make zikr during haiz (menstruation). She does not need to wait for athaan, she can do this any time during the namaaz time. But she cannot read quran in this state and she cannot touch the quran. Also note that this is permissible, it is not necessary or wajib. Mufti Siraj Desai.

 

Menstruation, Prayers and Ghusl

Q. I had ample time to perform Zuhr Salaat, but delayed it. At about 2 pm my haidh commenced. It was still Zuhr time. Do I have to make qadha of Zuhr?

A. There is no qadha for this Zuhr even if you had ample time before haidh.

ADDENDUM (Compiled by admin)

“In order to determine that the salat is prohibited and not obligatory (on a woman), the end time of every salat – the period of time in which one can say Allah — is to be taken into consideration… If she is menstruating at this time, then it is not obligatory on her to offer that salat, neither as adaa nor as qadaa.” (Rasaail Ibn Aabideen vol. 1 pg. 110)

“If a woman begins the (fardh) salat towards the end of its time and then she menstruates, she does not have to do qadaa of this salat, as opposed to offering nafl salat (i.e. in which case she will have to do qadaa of it)” (Al-Fataawa Al-Hindiyya vol. 1 pg. 42)
Close Answer

 

Q. If haidh begins while engaged in Salaat, what should be done?

A. Discontinue the Salaat. If it is a Fardh Salaat, there is no qadha for it. If it is Sunnat or Nafl, qadhaa has to be made.

 

Q. When my haidh (menses) ended, there was sufficient time for only ghusl. After ghusl there remained only a minute or less for Asr time to begin. Should I perform Zuhr?

A. Yes, Zuhr is incumbent. You were supposed to have commenced with Zuhr Salaat even if only a few seconds remained. The Zuhr will be regarded as qadha. If it is Fajr and only a few seconds remain, then qadha has to be made after sunrise.

 

Q. When Does A Woman Perform Ghusl After Menses? When the menses period of a woman terminates – how does she establish when to perform ghusl? For example: does she wait for the appearance of white discharge, wait for 24 hours after the bleeding stops, or perform ghusl when the bleeding stops? Note sometimes bleeding may stop but may re-occur again.

A. A woman may perform ghusl and pray Salah immediately upon the termination of her menses. She is not required to wait for 24 hours or the appearance of white discharge. If she knows her regular cycle such as 7 days, then immediately upon the completion of the 7th day, the menses will terminate and she will perform ghusl and pray her Salah. If she witnesses bleeding after the 7th day, it will be considered Haidh (menses) until the 10th day. Any bleeding which occurs after the 10th day will be considered Istihadah (irregular bleeding). And Allah Ta’āla Knows Best. From AskImam, Checked and Approved by Mufti Ebrahim Desai.

 

Q. What do the scholars say about the missed prayers during haydh (menstruation)? Also can you detail the minimum faraaidh (fard ain) concerning the qada salah according to the hanafi madhab. I will appreciate if you can make it very detailed, I also seek your permission, Insha Allah to publish your answer on my webpage for others benefit.

A. In the name of Allah, Most Compassionate, Most Merciful, The obligation of prayer (salat) has been removed from a woman who is in her menstrual periods. As such, a woman need not make Qadha of the prayers she missed whilst in menstruation.

A woman came to Sayyida A’isha (Allah be pleased with her) and asked: “Is it necessary upon a woman who is in her menstruation to make up (qadha) her prayers later? A’isha (Allah be pleased with her) replied: “Are you of the Haruri sect? We were not ordered to make up for the prayers missed due to menstruation during the days of the Messenger of Allah (Allah bless him & give him peace).” (Sahih Muslim)

The great scholar of Hadith, Imam Nawawi (Allah have mercy on him) states in his commentary of Sahih Muslim: “The meaning of A’isha’s (Allah be pleased with her) statement: “Are you of the Haruri sect?” is that the Haruri sect used to believe that it is necessary to make up for the prayers that were missed during menstruation, and that this was contrary to the consensus of the Ummah.” (al-Minhaj Sharah Sahih Muslim, 394)

The famous Hanafi scholar, Imam al-Quduri (Allah have mercy on him) states in his al-Mukhtasar: “Menstruation (hayd) waives prayer (salat) from a woman, and prohibits fasting for her. She makes up the fasting (later), but does not make up the salat.” (al-Lubab fi Sharh al-Kitab, 1/61).

The reason why a woman will have to make up the missed fasts and not prayers during menstruation is that there is hardship in making up prayers, for there are five prayers daily. The case with fasts, however, is different in that there is no apparent hardship in making Qadha of the fasts. (ibid)

Therefore, in conclusion, the obligation of Salat is lifted from a woman who is in her menstruation, and there is no need to make Qadha of these prayers. This, in the words of Imam Nawawi, is a unanimously accepted ruling among the Ahl al-Sunnah wa al-Jama’ah.

With regards to the Qadha Salat, one must make Qadha of only the Fardh and not the Sunnah. Also, it is necessary to make Qadha of the Witr with the Eisha Fard according to the Hanafi Madhhab. And Allah knows best. [Mufti] Muhammad ibn Adam, Darul Iftaa Leicester
Close Answer

 

Intimate Relations When Haydh Stops Before The Usual Habit

Q. Is it permissible to have relations with the wife immediately her haidh period ends, but before she has taken ghusl?

A. If her haidh ended before full ten days, then this will not be permissible. Ghusl is necessary first. If haidh ceased after a full ten days, relations will be permissible even without ghusl.

 

Q. A woman’s habit is to bleed for 6 days in her menstrual cycle. If the bleeding stops on 5th day, will it be permissible for her to have intercourse before the 6th day?

A. If a woman’s habit is to bleed for 6 days in her menstrual cycle, however this month her bleeding stops on the fifth day, it is compulsory on her to take a ghusl and to start offering her prayers as soon as her bleeding stops on the fifth day. However, she should not offer her prayers at the beginning time of each prayer; instead she should delay them till the end of the mustahab time for each prayer. This is because it is compulsory on a woman whose bleeding stopped before her habit to delay her prayers till the end of the mustahab time. She should do this until she reaches her habit (i.e. the end of the 6th day in the above example). The above is in regards to prayer. As for sexual relationship, the restrictions on sexual relationship that apply during menstruation will also apply when a woman’s bleeding stops before her habit until she reaches her habit. Hence, in the above example, sexual intercourse will not be permissible until the end of the sixth day of the woman’s menstrual cycle. (Raddul Muhtaar: 1/294, Saeed) And Allah knows best. (By Mufti Faizal Riza, Darul Ifta Australia)

 

Counting Haidh Days, Erratic Haidh periods and abnormal bleeding

Q. I suffered a miscarriage after two months of pregnancy. There was no formation of any human part, only blood was expelled. What is the hukm of this blood? In what state was I?

A. If prior to this bleeding (miscarriage) there was a 15 day or more tuhr (period of cleanliness, i.e. no bleeding), and the blood of the miscarriage lasted three days or more, then it is haidh. If it lasted more than ten days, then your previous haidh period will apply. In other words, if your previous haidh was 5 days, for example, then 5 days will be your haidh and the rest will be istihaadhah. If the miscarriage blood stopped before three days, then it is istihaadhah, not haidh.

 

Q. My haidh periods are extremely erratic. For several months there is intermittent bleeding. Bleeding may be for a couple of hours on a day or a few minutes. A day or two may pass without any bleeding, then the bleeding will resume erratically again. In the several months there never was a 15 day pure period, which is the minimum period between two haidhs. Which days and how many days do I regard as haidh and how many days istihaadhah?

A. In a case such as this, it will be said that the bleeding is continuous. The day or two (anything less than 15 days) when there was no bleeding will be considered to be days of bleeding as well. Thus, it will be said that your bleeding was continuous all these months. Your haidh will be the days which were your haidh on the last occasion. Assuming that before this erratic bleeding you had a haidh period of 7 days and these 7 days were the 10th, 11th, 12th, 13th. 14th, 15th and 16th of the month, then during the erratic period of continuous bleeding, these same dates as well as number of days will be your haidh period and the rest will be istihaadhah. If you have no recollection of your last or your normal haidh periods, then regard the first ten days of every Islamic month as haidh and the rest as istihaadhah. It is essential for women to keep a written record of their haidh and bleeding pattern. This is necessary for determining correctly the haidh period during erratic bleeding and continuous bleeding.

 

Q. Is it compulsory to have a bath when istihaadhah bleeding stops?

A. It is not compulsory. It is preferable.

 

Q. Is it allowed to make Qur’aan tilaawat during istihaadhah?

A. Whatever is permissible during the state of purity is permissible during istihaadhah. Istihaadhah is also the state of purity. Tilaawat is therefore permissible.

 

Q. How does a woman count her haidh if she bleeds for 6 days has brown discharge for 3-4 days and then yellow discharge for about 5 days then turns white, after this the discharge is sometimes white and sometimes yellow till she bleeds again? And does it make any difference to the ruling if a woman knows when she ovulates?

A. Discharge that is red, yellow, brown, green or black in colour is considered as bleeding for haydh purposes. Discharge that is white is not considered as bleeding. The maximum period of haydh is ten days. The minimum period of cleanliness between two haydh cycles is fifteen days. The solution to the scenario presented in the question depends on whether the woman in question had an established habit of haydh bleeding, that is ten days or less, e.g. 6 days before the onset of the condition. In this case, if after she stops bleeding (red, black, green, yellow or brown discharge), she experiences a clean period of 15 days (no discharge or any colour other than those mentioned above), then only 6 days will be considered as haydh. The rest of the days will be considered as Istihaadha (even though discharge was flowing). Her next haydh will start immediately when she starts discharging after the 15 day clean period. If she has an established habit, e.g. 6 days but she does not experience a clean period of 15 days, then the first 6 days will be haydh. The following 15 days will be considered as the clean period (even though she is discharging). The following 6 days will be haydh again and this cycle will continue until she experiences a period of 15 days wherein she has no or only white discharge.

If she does not have an established habit (less than 10 days) and after she stops bleeding (red, yellow, black or green) she experiences a clean period of 15 days (white or no discharge), then her haydh will be for 10 days only. Her next haydh will commence when the bleeding resumes after the 15 day clean period.

Lastly, if she does not have an established habit (less than 10 days) and she also does not experience a clean period of 15 days (white or no discharge), then 10 days will be haydh, followed by a 15 day clean period (even though discharging) followed by 10 day haydh period. This cycle will continue until it is broken by a 15 day clean period (white or no discharge) in which case the haydh will only commence when bleeding resumes. Knowledge of ovulation patterns will not affect the above guidelines. (Sharhul wiqaayah vol.1 pg.115; Deoband) and Allah Ta’ala Knows Best. Mufti Ebrahim Desai
Close Answer

 

Menstruation and Travelling

Q. When I left home to go on a journey of more than 80 kilometres, I was in the state of Haidh. A few days after reaching my destination I attained paaki (cleanliness). Do I perform Qasr Salaat or not?

A. A woman who leaves home in the state of Haidh (menstruation) and travels the distance of safar (77km. or more), will have to read full Salaat, not Qasr, upon reaching her destination, if she attains purity there. A woman’s intention for travel will not be considered whilst she is in Haidh. Travel distance will be counted only upon attaining purity. So, for example, if she attains purity on the way, then the distance to her destination will be considered. If the distance from the time she attained purity until her destination is the safar distance (77km. or more) then she will be regarded as a Musaafir and she has to perform Qasr Salaat. If the distance to her destination is less than 77 km, then she will have to perform Salaat in full. If a woman leaves home in the state of purity and Haidh commences on the way or even at her destination, then in all cases, when she attains purity (i.e. before returning home), she is regarded as a Musaafir and has to perform Qasr Salaat.

 

Q. A lady goes on a journey while in the state of haidh. She attains purification at her destination where her intention is to stay less than 15 days. After taking ghusl should she perform Qasr Salaat or full Salaat at the destination?

A. This lady has to perform Salaat in full at her destination. Only when she leaves this destination for a place 77 kilometres or more in the state of purity, will she have to perform Qasr.

ADDENDUM

From Beheshti Zewar:

A woman left with the intention of travelling approximately 92 kilometres. However, the first half of the journey passed while she was in her haid. Even then she will not be a musafir. She will have to have a bath and offer the full four rakaats. However, if she became pure from her haid and there is still a distance of 77 kilometres or more to cover, or, when she left home she was pure and got her haid in the course of the journey, then she will be a musafir and will have to offer her salaat as a musafir.
Close Answer

 

Q. A woman is a Musafir. Her Haidh starts 2 days after she reaches her destination. She becomes paak after 4 days. Does she continue performing Qasr for the rest of her stay or must she perform full Salah?

A. At the outset, a woman may face one of two situations while undertaking a Sharī journey (15 days or more). Each one has its own ruling. The two scenarios are as follows: (1) She initiates her travel in a state of Haidh (menstruation). (2) She initiates her travel in a state of purity and experiences Haidh at a later stage. In the case where she starts her journey in a state of Haidh, if she becomes pure before reaching her destination and the distance between herself and her destination is Masaafah al-Safar (the distance that qualifies an individual to be Musaafir) or more, she will shorten her prayers (Qasr) during her trip. However, if after becoming pure, the distance between herself and her destination is less than Masāfah al-Safar, then she will perform all of her prayers in full. In this case, she will not be regarded as a Sharī traveler (Musāfirah).

In the situation where she starts her travel in a state of purity and experiences Haidh at a later stage, she will be regarded as a Musāfirah. She will shorten her prayers for the remainder of her vacation after becoming pure from Haidh. This ruling will be applicable, whether she experienced Haidh during her travel or after reaching her destination.

Based on the above, the woman in reference only experienced Haidh after reaching her destination. Since she initiated her journey in a state of purity, she will be regarded as a Musāfirah and she will shorten her prayers (Qasr) after attaining purity. And Allah Ta’āla Knows Best. Mufti Ebrahim Desai.
Close Answer

 

Haidh and Hajj

Q. A lady is presently performing Hajj. Whilst returning from Arafaat to Muzdalifah, she began menstruating. Her flight back home is scheduled after three days. What is the Shar'i ruling with regards to the remaining rites of Hajj?

A. The lady has to perform all the remaining rites of Hajj even in her state of menses. However, she may not perform Tawaaf Ziyaarat or any other Tawaaf in the state of haidh. Tawaaf-e-Wida’ which is Waajib is waived for her. She is absolved of this obligation. But, Tawaaf Ziyaarat is Fardh and as long as this Tawaaf is not performed she will remain in the state of Ihraam even if she returns to South Africa, and she will thus be haraam for her husband until such time that she returns and executes Tawaaf Ziyaarat. It is imperative that she endeavours her utmost to delay her departure. They should speak with the travel agent, and even if it costs to delay the departure for another flight, she just has to do it. Assuming that they flatly refuse to change the departure date, then as a very last resort, she should make the Tawaaf and pay the penalty of the Dum which in this case will be a camel. The price of a camel nowadays is about R6,000. Therefore if possible to change the date of departure, it will cost substantially less, and also ensure that the Tawaaf is not discharged defectively.

 

Q. I intend to go on hajj this year. However, I will be menstruating whilst traveling so i will be pure just in time for hajj days. My question is, do I go into ihram from point of meeqat? And do I have to stay in ihram till I become pure and perform umrah? This will end up being a number of days of menstruating, possibly 5, so Im not sure what Im supposed to be doing.

A. It is necessary to go into ihram at or before the meeqat irrespective of whether one is menstruating or not. If you are in the state of haidh while you are in ihram, you cannot perform Umrah. Therefore, you should wait until you become pure before you perform Umrah.  And Allah Ta’āla Knows Best. (From AskImam, Checked and Approved by Mufti Ebrahim Desai)

 

Talaaq (Divorce) and Menstruation

Q. I have been told by some people that if the woman is menstruating then the divorce does not count. Is this correct?

A. In the name of Allah, Most Compassionate, Most Merciful, It is unlawful and sinful for a man to divorce his wife while she is in her menstrual period (haydh), but if he does so, the divorce is valid and comes into effect. However, it will be necessary for him to take her back (raj’a) if her waiting period (idda) has not come to an end until she becomes pure from her menses, then menstruates a second time and becomes pure. Thereafter, if he wishes, he may keep her and if he wishes he may issue a second divorce to her. (See: Radd al-Muhtar ala ‘l-Durr al-Mukhtar 3/233-234)

Sayyiduna Abdullah ibn Umar (Allah be pleased with him) relates that in the time of the Messenger of Allah (Allah bless him and give him peace), he (Abdullah ibn Umar) divorced his wife while she was menstruating. [His father] Umar ibn al-Khattab (Allah be pleased with him) asked the Messenger of Allah (Allah bless him and give him peace) about it. The Messenger of Allah (Allah bless him and give him peace) said: “Command him to take her back. Then he should keep her until she becomes pure and then menstruates and becomes pure. Then, if he wishes, he can keep her, and if he wishes, he can divorce her before having sex with her. That is the prescribed period which Allah has fixed for the women to be divorced.” (Sahih al-Bukhari no: 4953)

After recording the above Hadith in his Sahih, Imam al-Bukhari (may Allah be pleased with him) forms another chapter-heading, “Chapter: When a menstruating woman is divorced, it is counted as a divorce” in which he records the following narrations:

Anas ibn Sirin (Allah be pleased with him) says that I heard Ibn Umar (Allah be pleased with him) say, “Ibn Umar divorced his wife while she was menstruating. Umar (Allah be pleased with him) mentioned it to the Messenger of Allah (Allah bless him and give him peace), and he said: “Take her back.” Anas asked, “Is the divorce counted?” Ibn Umar said, “Yes, of course.” (Sahih al-Bukhari no: 4954)

Sa’id ibn Jubayr (Allah be pleased with him) relates that Ibn Umar (Allah be pleased with him) said, “It [divorcing the wife whilst she is menstruating] is counted as a divorce for me.” (Ibid)

Imam al-Daraqutni (may Allah have mercy on him) records the same narration of Ibn Umar with a further addition that Umar ibn al-Khattab (Allah be pleased with him) then asked the Messenger of Allah (Allah bless him & give him peace), “Is the divorce counted?” The Messenger of Allah (Allah bless him & give him peace) replied: “Yes.” (See: Ibn Hajar, Fath al-Bari, 9/438)

Based on the above narrations, bar a few scholars such as Imam Ibn Taymiyya and Ibn Hazm, almost all of the classical scholars are of the view that divorce during menstruation, despite being unlawful, counts and comes into effect. This is the position taken by the Companions, vast majority of their followers (tabi’un) and the four Sunni Schools of Islamic law (madhdhabs).

The renowned Hadith master (hafiz), al-Imam Ibn Hajar al-Asqalani (may Allah have mercy on him) states in his colossal commentary of Sahih al-Bukhari, Fath al-Bari:

“Imam Nawawi [the great Hadith scholar and Shafi’i jurist] said, “Some of the literalists (ahl al-Zahir) deviated and said that divorce is not effected when a man divorces a menstruating woman because he does not have the permission to do so, and as such, it is similar to divorcing a strange woman (ajnabiyya). Al-Khattabi related this position from the Khawarij and Rawafidh sects. Imam Ibn Abd al-Barr [a renowned Hadith scholar and Maliki jurist] said, “No one opposes this position [of divorce being valid] except the people of innovation and deviation, meaning now.” (Fath al-Bari, 9/438)

Similar to pronouncing two or three divorces at once, making a pronouncement of divorce during the woman’s menstrual period (hayd) is considered a divorce of innovation (talaq al-bid’a), and hence both forms of divorce are unlawful and sinful, but effective if carried out.

It is stated in Al-Hidaya, a renowned classical Hanafi work: “If a man divorces his wife during the period of menstruation, the divorce will count, because the prohibition is due to an external reason…” (Al-Hidaya 2/357. Also see for the Hanafi School: Al-Fatawa al-Hindiyya 1/349 and Bada’i al-Sana’i 4/205, for the Maliki School: Hashiyat al-Dasuqi al ‘l-Sharh al-Kabir 2/570, for the Shafi’i School: Al-Majmu’ sharh al-Muhadhdhab 18/153, and for the Hanbali School: Al-Mughni 8/237)

The wisdom behind this is that divorcing the wife in her menstrual period prolongs her waiting period (idda), because the menstrual period in which divorce is given will not be counted, and as such, her Idda will begin from the next menstrual period, resulting in unnecessary hardship for her. Another reason is that a man is generally less inclined towards his wife when she is menstruating; hence, it is possible that he may hasten in divorcing her without thinking properly of the consequences. (See: Bada’i al-Sana’i and Al-Mughni)

In conclusion, divorcing one’s wife during her menstrual period is considered an innovation, and as such, unlawful and sinful. However, this does not mean that the divorce will not count. Killing someone unjustly is totally forbidden, but that does not mean the one killed will not die! The act being unlawful does not prevent death. The great Imam Zahid al-Kawthari (Allah have mercy on him) explains in his Al-Ashfaq ala Ahkam al-Talaq that the act of likening one’s wife to one’s mother in prohibition (zihar) is described in the Qur’an as “evil and false”, yet if one was to do Zihar, it will come into effect according to all the scholars. (Al-Ashfaq, P: 13)

In light of the mentioned evidences, divorce during menstruation, without doubt, counts and comes into effect. However, one must avoid issuing a divorce in this period, since it is unlawful and sinful. And Allah knows best. [Mufti] Muhammad ibn Adam, Darul Iftaa, Leicester
Close Answer

 

Q. When talaaq is given whilst in the state of menstration, how long is the iddat period and in normal situations how long would one have to sit indoors.

A. Talaaq during menstruation is valid and effective. The Iddah of Talaaq for a female who is menstruating is three complete menstrual cycles. If Talaaq was issued during menstruation, the period in which the wife received the Talaaq will not be counted. She has to count three complete menstrual cycles thereafter. And Allah Knows Best. Mufti Suhail Tarmahomed, Fatwa Department, Jamiatul Ulama (KZN) Council of Muslim Theologians

 

Q. A company in Poland has just invented a nail polish dubbed ‘breathable’. Muslim females are buying and using this nail polish. They are being told that water penetrates the polish, wetting the nails, hence wudhu is valid. The manufacturing company explains that scientifically, water vapour penetrates to the nail, but actual water drops ‘do not penetrate’ When asked the difference between water and water vapour, the company said that water vapour is a different state/phase of matter other than water in liquid form. I contacted a local Imaam about this matter. His conclusion was: ‘There is room for debate, and I do feel inclined to its permissibility.’ If it is assumed that water vapour does reach the nails, but not the actual water, will wudhu be valid? Another scholar has this to say: ‘Now there is a solution.’ No, I’m not talking about henna. Most scholars advise it as a substitute while failing to realize just how different henna is from nail polish in the world of fashion and beauty… ‘Good news, Inglot Cosmetics, a company from Poland, has released a new line of polish called 02M that it has labelled “breathable nail enamel”. It borrows a polymer used in some contact lenses which allows oxygen and moisture to penetrate to the nail’ ...One sister was told that water vapour reaches the nail but not water in its liquid form. The question then arises about whether water vapour reaching the nail suffices for wudhu? In his conclusion, the scholar says: ‘It appears to me that there is a sound basis for believing the water seeps through to the nail when wearing 02M breathable nail polish. Perhaps not every brand which claims to be breathable meets this criteria and perhaps the nails need to be soaked in water for a few seconds. Nonetheless, the basis exists for permissibility…’

A. The meandering, rigmarole argument involving Fiqhi technicalities and technological technicalities, is entirely unnecessary and deceptive. The issue concerns a vital issue – the validity of Wudhu and Salaat. The issue is too important to trifle with.

If someone informs you that the glass of water you are about to drink contains a drop of a lethal poison which will instantaneously dispatch you into the bowels of death, we are sure that no one will drink the water even if the information is false. But with regard to vital matters pertaining to ibaadat and the Aakhirah, doubts, information, impermissibility rulings, and precautionary warnings are shrugged off. Whatever the nafs desires is fulfilled.

It is surprising and preposterous that after more than 14 centuries of Islam’s existence, completion and perfection, ‘scholars’ are still subjecting a simple issue such as Wudhu to ridiculous polemics, casting overboard the utmost and fundamental importance of the Fardh ibaadat of Salaat. There is no need to delve into the quagmire of juridical technicalities to gratify the haraam nafsaani desires of lewd women who wish to display their charms like prostitutes to all and sundry in the public domain.

It is conceded by the liberals that nail polish is a requisite in the world of fashion and beauty which is a world of zina. In this haraam ‘world of beauty and fashion’, the female is required to make herself an exhibition of jaahiliyyah. For the attainment of this satanic goal by women who have no care for their Aakhirah, liberal ‘scholars’ bend far backwards to placate and gratify these women with fatwas of permissibility which provide impetus for public display of females whom the Shariah has designated Aurah from head to feet.

The technical argument of water and water vapour in relation to the ibaadat of Wudhu and Salaat is moronic stuff. It is the ta’leem of shaitaan, designed to ruin the ibaadat of these unfortunate females who ply the trade of zina in public. Remember that Rasulullah (sallallahu alayhi wasallam) has explained a variety of zina dimensions, and he has described a woman with perfume outside the home as an adulteress. Confound the explanation of the Polish company. Their 02M is haraam. The Shariah requires water to be applied to every millimeter of the limb to be washed. Water vapour is NOT water. Islam does not fetter the Ummah with intricate technical details of atoms and molecules, and the rest of scientific bunkum which shaitaan whispers into the minds of the liberal, modernist ‘scholars’ who are astray and who mislead others.

The Hadith predicts the utilization of these stupid and deceptive technicalities to hoodwink and mislead Muslims. In this age, such stupid technical and ‘technological’ arguments have been accorded the status of being muhallilaat (legalizers of haraam). Thus pictures of animate objects are legalized by labelling them photos, video images, etc. Liquor is legalized with the name ethanol. Riba is legalized by calling it dividend, etc. Now water is described as water vapour.

Those who claim permissibility for the ‘water vapour’ deception are not scholars. They are morons, for they lack even the understanding of the meaning of water in Islam. They are scandalously ignorant of the fact that Tahaarat is valid only with al-maaul mutlaq – natural water in the meaning of the Shariah. Only if the water retains its natural properties, in particular its property of flowing (sailaan), will the Shar’i definition of water be applicable. If the substance does not flow freely on the limbs, Tahaarat is not valid with such ‘water’.

When the natural properties of water change, it will no longer be termed al-maaul mutlaq in the Shariah. Whilst a change of some properties to a degree is acceptable, the sailaan should remain unaffected, and the water must be able to flow from the limbs in order for it to be known as water in Shar’i terms. Water vapour has none of the properties of al-maaul mutlaq. By no stretch of Shar’i logic can water vapour ever be termed water. When they are ignorant of even the meaning of water, their views and fatwas will be the opinions of juhala. They are astray and lead astray the dumb masses as mentioned by Rasulullah (sallallahu alayhi wasallam) – “Dhalloo wa adhalloo”.

These liberal, misguided scholars should issue a fatwa that for ease and comfort, the whole wudhu may be made with water vapour. Just invent a water-vapour contraption and let the vapour pass over the wudhu limbs and deceive yourself that you have wudhu and are performing Salaat with wudhu.

Besides this, there is no absolute certitude regarding the permeability of the substance. Also there are other brands of the ‘breathable’ satanic substance which are not claimed to be permeable, and which will confuse the lewd women. Permissibility fatwas will make them more careless and addict the women to haraam and bestow religious acceptability to their exhibitions of jaahiliyyah. The women who have some concern for their Imaan and the Aakhirah should understand well that it is haraam to use this new satanic nail polish. Wudhu is Not valid. So too, Salaat will not be valid.
Close Answer

 

Q. After a woman made ghusl of janaabat and performed Salaat, she experienced some discharge of a clear fluid. Is her Salaat valid? Does she have to repeat ghusl?

A. In the case mentioned, it is not necessary for her to repeat ghusl. The affected part should only be washed. Wudhu will break. If the discharge happened during Namaaz, it will have to be repeated after renewing Wudhu. If it happened after Namaaz, the latter will be valid.

 

Q. A Maulana says that as long as the water reaches the roots of the hair of a female, her ghusl will be valid. It is not necessary for all her hair to be moistened. Moistening the roots suffices.

A. The Maulana Sahib has erred. Every hair has to be compulsorily moistened during ghusl. If any hair remains unwashed, the ghusl will not be valid.

 

Q. I became pregnant. A month later I went to a doctor for a checkup. She found no foetus and no heart-beat. I went to another doctor who said the same thing. The doctor then prescribed a tablet to expel the remains. When I took the tablet the first time, I started to bleed. The tablet did not work properly the first time, so I took a second tablet. After the second tablet something came out. I was not sure if it was a foetus or the placenta, etc. Now the doctor says that everything is clear, and it will be just a little fluid. However, ever since that day I am bleeding. Which are my clean days (tuhr), and which are my haidh days? I am confused.

A. The doctors with their haraam tablets have messed you up. They say everything is clear, but you are abnormally bleeding. How can everything then be clear? They may possibly have aborted a foetus which could have developed into a child. Rooh enters the foetus only on the 120th day (four months), hence it was not at all surprising for there to have been no heart-beat. Now look what the haraam tablets have done to you. The tablets have created unnatural, abnormal and harmful bleeding to you. You have to revert to your last aadat (haidh habit). If for example, your last regular period was the 15th, 16th, 17th, 18th and 19th day of the month, then these same dates during the subsequent months will be your haidh days, and the rest will be istihaadhah. For istihaadhah take wudhu for each Salaat time and perform Namaaz. When the time of that Salaat expires, your wudhu will end.

 

Q. A lady went to the mall to do shopping. She was dressed un-Islamically with her hair all exposed . But she had wudhu when she left home. After she returned, she performed Salaat with the same wudhu. Was her wudhu valid after all the sin she had indulged in?

A. While this lady’s Wudhu remains valid she should understand that every second when she was out of the home with her hair, etc. exposed the la’nat (curse) of Allah Ta’ala and His Malaaikah was settling on her. She was involved in prolonged sinning whilst she was out of her home in this haraam state. It is mustahab to renew Wudhu after committing a sin even if the Wudhu is still valid.

 

Q. A Lady who was born with a single kidney is now suffering from bladder problems and a urine bag had to be attached for the retention of the continuous drops. She has been advised to perform wudhu before every Salaat. What is the ruling regarding handling the Qur’aan? How does it affect her fasting? She is 73 years old. The urine bag is attached to a metre-long catheter tube. According to a nurse, it can be pegged for a few minutes to combine Asr and Maghrib wudhu.

A. The lady is a ma’zoor. She has to take wudhu for every Salaat time. Her wudhu will end with the expiry of the Salaat time. Wudhu for Asr and Maghrib may not be combined. When Asr time expires, she will have to make wudhu with the entry of Maghrib time. She may handle and recite the Qur’aan Majeed with her wudhu. If her health does not allow her to fast, and if she has no hope of recovery to enable her to make qadha of the missed fasts, then she should pay Fidyah.

 

OTHER RELEVANT MATERIAL

Menstruation and Abnormal Bleeding
(Shaykh Ashraf Ali Thanwi)

Miscellaneous Fatwas Related to Tahaarah (Purity)
(Maulana A S Desai)

←Back to Fatwa Section Index and Contents