Does the Maliki school stipulate that a pregnant woman who became pregnant through adultery must observe a waiting period of three menstrual cycles after childbirth, or does it permit her immediate marriage after giving birth?
What has been attributed to the Malikis regarding the distinction between a subsequent pregnancy and a non-subsequent pregnancy in the waiting period ('iddah) is correct. A subsequent pregnancy – such as a married woman who became pregnant through fornication and then was divorced or her husband died – her 'iddah does not end merely by giving birth. Rather, she must complete the 'iddah with three menstrual cycles (quru') or four months and ten days. As for a fornicatress who has no husband, there is no 'iddah upon her at all. Instead, she is only required to perform istibra' (clearance of the womb) by giving birth, as giving birth is considered more conclusive in clearing the womb. The Malikis have stipulated that the istibra' of a free woman is like her 'iddah, except in specific cases like li'an (oath of mutual imprecation), fornication, and apostasy, where she performs istibra' with only one menstruation. If the network (referring to a website or group) issued a fatwa permitting marriage after the fornicatress gives birth and before the completion of her 'iddah in the first case, and attributed this to the Malikis, then it has erred. The correct fatwas permitting marriage to a fornicatress upon giving birth are in the context of a fornicatress who has no 'iddah upon her in the first place.
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- Ftawy
- Original fatwa ID
- 131134
- Imported
- Translation status
- Source text, unreviewed
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