Women’s Corner

Mufti Muhammad Qasim Attari

Waiting period (‘Iddah) of a pregnant widow

Q 1: A relative of ours passed away a week ago; at the time of his death, his wife was in the latter stages of her pregnancy, i.e., it was a few days before her due date. After a week, the child was born. So, in this case, what do the scholars of Islam and the Muftis of the Shari’ah say regarding the waiting period of the widow; is it complete or will she have to observe additional days?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

A: In the aforementioned scenario, the waiting period of the widow is complete, because the waiting period of a pregnant woman is up until the delivery of the baby, regardless of whether she is observing the waiting period following a divorce or the death of her husband. A pregnant woman does not have a fixed waiting period; therefore, if she gave birth a few days or even a few moments after divorce or the death of her husband, her waiting period will be complete.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

Lending a minor’s assets

Q 2: There is a young girl, who has not reached the age of puberty, who possesses some gold. Her mother wishes to give this gold to her elder daughter for her wedding and have some more jewellery of the same weight made for the younger daughter later on. What do the scholars of Islam and the Muftis of the Shari’ah say regarding this; is it permissible to do so?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

A: In the above case, it is not permissible for the mother to give the young daughter’s gold to the elder daughter, even if the mother has the intention of giving her younger daughter, who is a minor (Islamically prepubescent), the same amount of gold later on. It is not permissible for the mother to utilise her minor daughter’s property like this; in reality, this situation entails the mother borrowing the property of the daughter, and the Shari’ah states that a child who has not reached the age of puberty can neither lend their assets to anybody nor can anybody borrow them from them. This is because there is only loss for the child in lending something in the present situation, and the transaction which entails a loss for the child cannot be executed by the guardian either. Therefore, the mother is not permitted to do so to a greater degree. However, in specific scenarios, a father can borrow his child’s property.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم