What is the required waiting period for a woman of menstruating age whose menstrual cycles cease without a known cause?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
When a man divorces his wife who is of menstruating age ('dhawāt al-aqrū'). If she does not see her menses during her usual cycle, and the cause for its cessation is unknown, she must observe a waiting period of one year. Nine months of this year are for establishing the purity of the womb, as this duration is the common length of pregnancy. If pregnancy is not evident within this time, the womb is considered outwardly pure. Following this, she observes the waiting period of a woman who has reached menopause—three months. This is the ruling according to 'Umar ibn al-Khaṭṭāb, which Al-Shafi'i cited as a judicial decision among the Muhajirun and Ansar not known to be rejected by anyone. Malik and one opinion of Al-Shafi'i also hold this view. Al-Hasan narrated this as well.
Supporting text
Al-Shafi'i holds in another opinion that she should wait four years, the maximum possible duration of pregnancy, followed by three months, as this duration ensures certainty regarding the womb's purity as a precaution. In his later position (al-Jadīd), the ruling is that she remains in waiting indefinitely until she menstruates or reaches the age of menopause, at which point she observes three months. This is the opinion held by Jabir ibn Zayd, 'Ata', Tawus, Al-Sha'bi, Al-Nakha'i, Al-Zuhri, Abu al-Zinad, Al-Thawri, Abu 'Ubayd, and the people of Iraq. Their reasoning is that waiting by months is established after menopause, and thus is not permissible before. Furthermore, she expects the return of her menses, so she does not wait by months, similar to when menses are separated by an unrelated condition. Ibn 'Abbas stated that the ordeal should not be prolonged; nine months suffice for her.