How is the 'iddah calculated for a woman who has reached the age of menopause or has not yet begun menstruation, following a divorce?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The scholars are unanimous that the waiting period for women who have reached menopause or who have not menstruated is three months, based on Allah's statement: 'And for those who despair of menstruation among your women, if you doubt, then their period is three months, and for those who have not menstruated' (Quran 65:4). If the divorce occurs at the beginning of a lunar month, the three months are counted by the sighting of the new moon (*ahillah*), as the moons are appointed times for people and Hajj (Quran 2:189), and the year is twelve months by the moon (Quran 9:36). If the divorce occurs mid-month, she observes the remainder of that month, followed by two full lunar months, and then completes the third month with thirty full days. This is the doctrine of Malik, Shafi'i, and Abu Hanifa.
Supporting text
The Hanafis stipulate that she observes the remainder of the first month, and then observes the fourth month for the exact amount that was missed from the first month, whether it was complete or incomplete. This is because if the divorce had occurred at the beginning of the lunar month, the counting would be by the moons; thus, if it begins mid-month, the missing portion must be made up by counting days. Another view suggests all months are counted strictly by the number of days, arguing that if the first month is counted by days, the second must also begin by days and be counted accordingly.