What is the maximum duration for pregnancy?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The maximum duration for pregnancy is established as four years, according to the apparent ruling of the Madhhab (Hanbali school) and the view of Al-Shafi'i. This maximum is supported by the existence of cases where pregnancy lasted for this duration. For instance, it is narrated that the mother of Muhammad ibn 'Ajlan carried him for four years. Imam Malik expressed astonishment at the opinion limiting the term to two years, citing his neighbor who carried for four years. Similarly, it is narrated that Muhammad ibn 'Abdullah ibn al-Hasan ibn al-Hasan ibn Ali and Ibrahim ibn Najih al-'Uqayli remained in their mothers' wombs for four years. If a birth occurs within four years from the date of the husband's death or divorce, and the woman had not remarried or engaged in sexual intercourse, and her waiting period ('iddah) had not concluded by menstruation or childbirth, the child is legally attributed to the husband, and her 'iddah is concluded by the birth.
Supporting text
A dissenting view holds that the maximum duration is two years, which is narrated from Aisha, and is the position of Al-Thawri and Abu Hanifa, supported by the narration from Jameelah bint Sa'd that Aisha stated a woman does not exceed two years in pregnancy. Al-Layth stated the maximum is three years, citing the case of a freed slave woman of 'Umar ibn 'Abdullah who carried for three years. 'Abbad ibn al-'Awwam stated the limit is five years. Al-Zuhri mentioned that a woman may carry for six or seven years. Abu 'Ubayd stated there is no definitive limit for the maximum duration.