When does a woman's waiting period ('iddah) begin and how long does it last after her husband divorces her with a single pronouncement in the first month of her pregnancy, followed by the miscarriage of the fetus three weeks later due to a genetic defect, knowing that the fetus was five weeks old? And is the husband's statement "I take you back" during a conversation, which the wife rejects due to abuse and her desire for divorce, considered a valid return, and is the husband entitled to request part of the mahr (dower)?
The 'iddah (waiting period) for divorce begins from the moment the husband utters the divorce pronouncement, and it ends upon the completion of three menstrual cycles, or three months, or upon giving birth if the fetus has discernible human features. The 'iddah does not end upon the expulsion of a fetus in the stages of a nutfah (sperm drop) or 'alaqah (clinging clot). If the husband takes his wife back in writing, the revocation of divorce takes effect, and the wife's consent is not a condition. If the wife wishes to separate from her husband due to harm inflicted by him, she has the right to refer the matter to the judiciary to obtain a divorce while preserving her rights. However, if she wishes to separate from him without any harm on his part, she may seek a khul' (divorce at the wife's instance) in exchange for her mahr (dower) or a portion of it. Divorce should not occur unless all means of reconciliation have been exhausted.
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