The ‘Iddah of a pregnant woman who had a miscarriage/abortion

3-5-2014 | IslamWeb

Question:

Asalamo alaykum ... After divorced, if i did abortion before 120 days of pregnant, i have to wait for my 3 haidh or not. Can my husband take me back after the abortion ? My husband divorced me on Nov 25, 2013 and i found out that i got pregnant after divorced. After that he asked me to do abortion on Dec 18,2013 (the first talaaq) and the baby was only 12 weeks (84 days). And he took me back by saying "i take you back as my wife again" on Jan 16, 2014. I want to know that i'm still his wife or not ? Somebody told me that if i delivers, miscarriage or abortion then my iddat will be end. That's mean i'm not his wife anymore, i have to re-marry with my husband. But i found out the rules of iddat for pregnant woman. " ... If she suffers a miscarriage before four months of pregnancy (120 days) the iddat will not be over. This is because according to the Shariah the fetus which is less than four months is not considered a baby. She must now sit out the iddat of either three haidh if she menstruates, or three months if she is not a menstruating woman. All laws of iddat that apply to a normal birth or a natural miscarriage will apply to abortions. So, an abortion performed within four months would not terminate the iddat, while an abortion after four months would bring an end to the iddat. ..." and i had period after abortion on 1) Jan 21, 2014 / 3) Feb 27, 2014 / and my last period does not come yet What should i do ? I'm still his wife or not ? Or i have to re-marry with my husband ?

---

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

If a woman is pregnant at the time of divorce, then her 'Iddah (waiting period) expires when she gives birth to the baby as Allaah says (what means): {And for those who are pregnant, their term is until they give birth.} [Quran 65:4]

So, there is absolutely no consideration for counting three menstrual periods after giving birth.

Hence, if you aborted after divorce and after eighty-one days of pregnancy - when the fetus has the form of a human being – then your 'Iddah expired at that time. You should have renewed your marriage contract as your 'Iddah expired before your husband took you back in marriage. For more benefit about the types of divorce, please refer to Fatwa 82541.

Since you had not renewed the contract, then your husband taking you back as wife was invalid. So, in order to continue the marriage bond, it is an obligation to renew the contract.

Allaah Knows best.