Calculating ‘Iddah After Divorce: Understanding Islamic Ruling vs. Local Law

When ‘Iddah Calculation Conflicts with Local Law: A Guide for Muslim Women

The questioner states that she is married and resides in the United Arab Emirates. Her husband divorced her on a Wednesday, and on Friday she began her menstrual cycle. The following month, she had her period again, and then once more after another month. She asks if, with these three menstrual cycles, her waiting period (’iddah) has ended. She also mentions that in the UAE, a divorce is not considered final unless there are two just witnesses or both the husband and wife acknowledge it before a judge. A month after the divorce, both parties confirmed it before a judge, who ruled that the waiting period would begin from the day of the acknowledgment. Should she calculate her ’iddah based on her menstrual cycles, or according to the judge’s ruling?

Sheikh Yahya ḥafidhahullāh:

The waiting period for a divorced woman ends after three menstrual cycles (qurū’), according to the statement of Allāh:

{ وَٱلۡمُطَلَّقَـٰتُ یَتَرَبَّصۡنَ بِأَنفُسِهِنَّ ثَلَـٰثَةَ قُرُوۤءࣲ}

"Divorced women shall wait by themselves for three menstrual cycles" [Sūrah Al-Baqarah: 228] 

According to the correct view, Al-Qur’ refers to the menstrual cycle – due to the statement of the Prophet ﷺ:

((إِذَا أَتَى قُرْؤُكِ فَلاَ تُصَلِّي))

“Do not pray when your Qur’ (I.e. Menstrual cycle) begins” 

A woman does not refrain from prayer during purity, she only does so during her menstrual periods. Therefore, if a woman has experienced her first, second, and third menstrual cycles after the divorce, her ’iddah has come to an end.

As for the judge’s ruling, it is based on legal procedures that require the divorce to be acknowledged. This ruling does not affect the religious calculation of the waiting period. A woman should consider her ’iddah to have ended after the three menstrual cycles, but if the legal authorities require something different, she may need to comply with their procedures (outwardly). However, the correct religious ruling is that the ’iddah ends after the third menstrual cycle, regardless of the judge’s decision.