🚪 Divorce, ʿiddah & rujuk · #28

A wife miscarries during the ʿiddah: does her ʿiddah end?

Yes, if the miscarried foetus already had a human form (however slight), her ʿiddah ends with that miscarriage.
The ʿiddah of a pregnant woman ends with the delivery of the pregnancy. Shafi'i scholars require that the foetus already had a human form, or was confirmed by an expert (midwife or doctor) as the beginning of a human being. If it was only a clot of blood without form, the ʿiddah continues by quru'.
Keep the medical report as evidence, especially if the end date of the ʿiddah needs to be validated by the Syariah Court. See ʿiddah & rujuk.

Difference between schools. The Hanbali and Hanafi schools place more emphasis on a clear human form; the Maliki school accepts anything known to be a pregnancy.

Sources

Surah at-Talaq 65:4

← PreviousWhat is the ʿiddah of a woman who has reached menopause?Next →Is the ʿiddah after khulʿ or judicial dissolution (fasakh) the same as after talaq?

Related questions

Is a wife entitled to maintenance during the ʿiddah?Yes for the ʿiddah of a raj'i talaq: the wife is entitled to full maintenance and accommodation until the ʿiddah ends. For a ba'in talaq: if…May one marry a fifth wife while the fourth wife is in ʿiddah?Not during the ʿiddah of a revocable (raj'i) talaq, because a wife in raj'i ʿiddah still counts as a wife; the limit of four is still full. For the ʿid…A husband divorced his wife while he was gravely ill, and then died. Does she still inherit?If he died while she was still in the 'iddah of a revocable (raj'i) talak, she inherits; if the talak was irrevocable (ba'in)…May a wife in ʿiddah leave the house or go to work?A wife in ʿiddah must stay in the marital home, but may go out for needs such as work, treatment or busin…How does a husband take his wife back (rujuk) during the ʿiddah?The husband may take her back during the ʿiddah of a raj'i talaq with clear words such as "I take you back", without a new akad or mahr…How long is the ʿiddah of a divorced wife?For a wife who still menstruates, the ʿiddah is three quru'; in the Shafi'i school this means three periods of purity. It usually lasts about…

This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer