Iddat of a woman who was divorced after miscarriage
Q: My wife was pregnant. It was an early pregnancy of 6-8 weeks. But unfortunately it became a miscarriage and doctors confirmed it after all medical reports. Doctors told us that there are three ways to remove it.
3: natural way (to wait for naturally bleeding. According to doctors as it happens sometimes).
She wanted to remove it in a natural way and she didn’t want to take medicine or operation. But complete divorce happened during this. After 2 or 3 weeks of divorce bleeding started heavily without medicine in a natural way and it continued for many hours. She was crying with pain. We visited doctor and she (doctor) said that now operation is necessary because it has become complicated and doctor operated her. Now, what will be the iddat in this case?
A: If the divorce took place after the miscarriage, then the iddat will be the passing of three menstrual cycles.
The law in regard to the bleeding experienced after a miscarriage is that it will be seen whether the limbs of the foetus were formed. If the limbs of the foetus were formed (e.g. finger, hand, leg, etc), then the entire bleeding will be regarded as nifaas. However, if the limbs of the foetus were not formed then it will not be regarded as nifaas. In this case, if it is possible that the bleeding be regarded as haidh (e.g the blood flowed for three days or more and there was a clean period of 15 days or more that passed since the last haidh) it will be regarded as haidh. If it is not possible that the bleeding be regarded as haidh (e.g. the blood flowed for less than three days and stopped), it will be regarded as istihaazah.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)