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🚪 Divorce, ʿiddah & rujuk · #54

I was divorced while breastfeeding and my periods have not returned. How long is my ʿiddah?

Your ʿiddah is still three periods of purity (quruʾ) according to the Shafi'i school, and it only runs once menstruation returns; as long as your period has not come because of breastfeeding, the ʿiddah has not ended.
Allah sets three quruʾ for divorced women (al-Baqarah 2:228), while the three-month ʿiddah applies only to those who have never menstruated or have reached menopause (at-Talaq 65:4). A breastfeeding woman is not in the category of menopause, so her ʿiddah can be long. The same applies to a woman whose periods have stopped because of a contraceptive injection or implant; ask the religious office about particular cases. Throughout the ʿiddah of a revocable talak, maintenance and housing remain her rights. Keep a record of your period dates so the end of the ʿiddah is clear, especially if you plan to remarry. See ʿIddah & reconciliation.

Sources

Surah al-Baqarah 2:228Surah at-Talaq 65:4Surah at-Talaq 65:6
← PreviousMy husband has breached the taʿliq, for example not providing maintenance or leaving me for months. How do I apply for a taʿliq divorce?Next →The divorce case is taking a long time. Can the wife receive maintenance while it is going on?

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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