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Explanation of Umdat-ul-Akm and Umdat-ul-Fiqh

Chapter of al-ayh and an-Nifs 2

Staying in the Masjid

It is arm for the i (i - menstruating woman) to stay in the Masjid

for an extended period of time; nor is it permissible for her to be in the place
for the Ed alh. This is based upon the a adth reported by both
Imm al-Bukhr and Imm Muslim that Raslullh
said:

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Let the girls who have attained puberty, women in seclusion,

and the menstruating women go out (for the Ed alh). He
then added: However, the menstruating women should stay
away from the place of alh [ 1 ]

Shaikh Muammad Ibn li al-Uthaimn was asked whether it

was permissible for a i to attend gatherings in the Masjid .He
replied:
It is not permissible for a i to stay in the Masjid. As for
passing through the Masjid ,there is nothing wrong with that,
subject to the condition that there is no risk of the Masjid being
contaminated with the menstrual blood that is coming out of
her. If it is not permissible for her to stay in the Masjid, it is not
permissible for her to go there to listen to lectures and recitation
of al-Qurn unless there is a place outside the prayer area
where the sound can reach via loudspeakers; in which case there
is nothing wrong with her sitting there to listen to the lectures.
There is nothing wrong with a woman listening to lectures and
recitation of al-Qurn as it is proven that Raslullh would
lay his head on ishahs lap and recite al-Qurn when
she was in her ay ;however, it is not permissible for a i to
go to the Masjid and stay there to listen to lectures or al-Qurn .
Hence, when Raslullh heard during the Farewell ajj, that
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a al-Bukhr adth # 324 and a Muslim adth # 884

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Lesson # 44

Safyah was in her ay, asked whether she

detained them; because he thought that she had not done
awf al-ifah, but they said that she had already done it. This
indicates that it is not permissible for the i to stay in the
Masjid even for acts of worship; as it is proven that Raslullh
told women to go out to the place of the Ed alh to pray
and remember Allh but he told the i to keep away
from the alh place itself. [ 2 ]
It is all (permissible) for a woman to pass through a Masjid while in a
state of menses. The proof for this ruling is the a adth reported by
both Imm al-Bukhr and Imm Muslim on the
authority of ishah that:

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Raslullh ordered me that I should get him the mat from
the masjid. I said: I am menstruating. He said: Do get me that,
for menstruation is not in your hand. [ 3 ]
This clear and a adth proves that a woman may pass through a
masjid due a need.

Penetration of al-Farj

During ay, it is arm for a husband to have intercourse with his wife,
and it is arm for a wife to allow her husband to do so. This is clearly
established by the verse from al-Qurn:

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Fatw a-ahrah Page #273

a al-Bukhr adth # 324 and a Muslim adth # 884

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Lesson # 44

Explanation of Umdat-ul-Akm and Umdat-ul-Fiqh

And they ask you about menstruation. Say, "It is harm, so

keep away from wives during menstruation. And do not
approach them until they are pure. And when they have
purified themselves, then come to them from where Allah
has ordained for you. Indeed, Allah loves those who are
constantly repentant and loves those who purify
themselves." [ 4 ]
The unambiguous order from Allh in the al-Qurn makes it clear that
martial relations during the menses are aram. This verse is the bases for
the consensus of the Muslim scholars that it is Harm to engage in vaginal
intercourse during the menses and it is also a proof that after a woman has
purified herself with al-Ghusl after her ay is over vaginal intercourse
becomes permissible. Yet anal intercourse is forbidden in all times and
under all circumstances.
After making the above clear it is also important to know that it is not
totally arm for a man to touch his wife during her ay. Unlike other
religions and cultures, a woman is not considered as untouchable dueing
the menses. In Islamic law only vaginal penetration is forbidden while
other forms of affection are permissible during the ay.
The proof for this is the clear and a adth reported by Imm Muslim

on the authority of Anas bin Mlik

:

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" :


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Verily among the Jews, when a woman menstruated, they did

not dine with her (nor did they live with them in their houses or
go close to them) so Raslullh said: Do everything except
intercourse. [ 5 ]

Here Raslullh did not list what a husband can do, instead clearly
pointed out what the husband cannot do. Hence using the principle of Fiqh
called istidll it is understood that a husband and wife may show affection
in any all way during the ay with the expectation of actual
intercourse with a i in her vagina. Furthermore, it is known that anal

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Qurn [2:222] Srah al-Baqarah yah # 222

a Muslim adth # 302

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Lesson # 44

intercourse is unconditionally arm ,whether a woman is in her ay or

not.

Penetration of al-Farj

It is arm for a husband to divorce a i during her ay. This is clear

from the words of Allh :

O Prophet, when you [Muslims] divorce women, divorce
them for [the commencement of] their waiting period and
keep count of the waiting period..." [ 6 ]

Therefore, the divorce may only occur when a woman is ether:

(1) Pregnant.
(2) Pure from ay, without having had intercourse since the ay
ended.
This is because if a woman is divorced when she is in her ay, she cannot
start her iddah, because the time during which she was divorced may not
be counted as part of the iddah; if she is divorced when she is hir but has
had intercourse since her ay ended, she cannot start her iddah, because
it cannot be known whether she became pregnant from this intercourse.
So it should be reckoned by her pregnancy, or if she is not pregnant it
should be reckoned by her ay cycle. If it cannot be ascertained what sort
of iddah it is, it is arm for him to divorce her until things become clear.
Divorcing a i at the time of her ay is arm ,because of the verse
quoted above. This ruling is also supported by the report by both Imm alBukhr and Imm Muslim on the authority of Abdull
bin Umar that he divorced his wife while she was menstruating
during the lifetime of Raslullh . Umar bin al-Khab asked
Raslullh about it, whereupon Raslullh said:

Qurn [65:1] Srah a-alq yah # 1

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Lesson # 44

Explanation of Umdat-ul-Akm and Umdat-ul-Fiqh

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Command him (Abdull bin Umar ) to take her back
(and keep her) and pronounce divorce when she is purified and
she again enters the period of menstruation and she is again
purified (after passing the period of menses), and then if he so
desires he may keep her and if he desires divorce her (finally)
before touching her (without having an intercourse with her), for
that is the period of waiting (ldda) which Allh, the Exalted and
Glorious, has commanded for the divorce of women.. [ 7 ]
If a man divorces his wife when she is in her ay ,he is sinning and must
repent to Allh and take the woman back in order to divorce her in the
prescribed manner as enjoined by Allh and His Prophet . He then
should leave her alone after he takes her back until she becomeshir from
the ay during which he divorced her. Thereafter, she has her ay
again, after which, when she becomes hir again, he may keep her or may
divorce her before having intercourse with her.
Even though divorcing a woman during her menses is a sin, whether it is
binding or not, is a matter of difference of opinion. According to the
majority of the scholars of Islm it is binding. If one runs into these types
of issues they should consult a reliable scholar and explain the entire
situation and receive a relevant fatwa.

The counting of the months of the Idda

(period of waiting before remarriage is permissible)

If a man divorces his wife after having had intercourse with her, then she
must observe an iddah of three complete ay cycles if she is a woman
who has ay and is not pregnant, because Allh says in the Qurn:

a al-Bukhr adth # 4908 and a Muslim adth # 1471

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Lesson # 44

Divorced women remain in waiting for three periods." [ 8 ]

If she is pregnant, her iddah lasts until her pregnancy ends, whether the
time is long or short, because Allh says in the Qurn:

And those who no longer expect menstruation among your

women - if you doubt, then their period is three months,
and [also for] those who have not menstruated. And for
those who are pregnant, their term is until they give birth.
And whoever fears Allah - He will make for him of his
matter ease. [ 9 ]
If a woman does not have ay because she is old, has had a hysterectomy,
or for some other reason and there is no hope that she will have a ay
again, then her iddah is three months, as Allh has informed us in the
aforementioned yah of the Qurn.
These are rules and regulations from the wisdom of Allh . There are
many benefits from them including preventing humans from making rash,
life-shattering decisions without contemplating the consequences. Since
divorce is a serious matter that can ruin a persons life and destroy a family,
one should exercise extreme caution in these matters.

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Qurn [2:228] Srah al-Baqarah yah # 228

Qurn [65:1] Srah a-alq yah # 4

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Lesson # 44