Is the *Iddah* obligatory upon a non-Muslim woman divorced by a Muslim man?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 3 · Bab 1

Open in Qurani

Primary text

The waiting period (*Iddah*) is obligatory upon a non-Muslim woman (*Dhimmiyya*) when divorced by a Muslim man. This is because she is divorced after consummation (*ba'in ba'da al-dukhul*), resembling a Muslim woman in this regard. This view is supported by the general scope of the divine verses and is the position of the majority of scholars, including Malik, al-Thawri, al-Shafi'i, and others.

Supporting text

Abu Hanifa maintained that if the non-Muslim woman's religious community differs from that of the husband (i.e., if the husband is Muslim and she is not), the waiting period is not obligatory upon her because they are not obligated by the specific rulings (*furu' al-din*).