🚪 Perceraian, idah & 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 confirmed in the Syariah Court. See ʿiddah & rujuk.
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 confirmed in 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.
Sumber
Surah at-Talaq 65:4