Sittings of August 1959 — Part II

مجالسِ اگست ۱۹۵۹ — حصہ دوم

13 August 1959 (Wednesday)

Topic 8: Waiting Period of Three Months When There Is No Menstruation

In Islamic law, when a woman's menstrual cycle has ceased — either due to age or another reason — the waiting period ('idda) for divorce is three months rather than three menstrual cycles. The relevant Qur'anic verse is:

وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ

(Surah al-Talaq 65:4) — 'And those of your women who have despaired of menstruation — if you are in doubt — their waiting period is three months.'

Topic 9: Rulings Are Not for Coincidences

Islamic rulings (ahkam) are established for normal recurring circumstances, not for rare coincidences or accidental occurrences. If a situation arises by chance that falls outside the normal framework of law, one must look to the spirit and principles of the rulings rather than their literal letter.

Topic 10: Lodge Them and Do Not Harm Them

أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم مِّن وُجْدِكُمْ وَلَا تُضَارُّوهُنَّ لِتُضَيِّقُوا عَلَيْهِنَّ

(Surah al-Talaq 65:6) — 'Lodge them (the divorced women) where you yourselves dwell, according to your means, and do not harm them so as to oppress them.'

Topic 11: The Marriage of a Minor Girl

The classical scholars of Islamic jurisprudence held that a guardian may contract a marriage on behalf of a minor girl. However, upon reaching maturity, she has the option (khiyar al-bulugh) to ratify or reject the marriage. This is a well-established ruling in the Hanafi school.

Topic 12: Annulment of Marriage (Faskh)

The faskh (annulment) of a marriage may be sought by a woman through the courts if her husband has harmed her, disappeared, or is unable to fulfill the rights of marriage. The Islamic courts have the authority to dissolve such a union in order to protect the woman's rights.