Fatwa ID: 01572

Answered by Mufti Mohammed Tosir Miah

Question:

In surah baqarah 2:228 does the word al Qur' refer to the time of menses or the time of purity from menses? 

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

Allah in the Holy Quran says:

"And those women who are divorced should wait for three 'Quruu'." (Surah Baqarah v.228)

The verse has stipulated that the waiting period for a divorced woman, in order to remarry, is three 'Quruu'. The word Quruu in the Arabic language is used to denote both the monthly menstruation period (Haydh) and the time in between the monthly period (Tuhr). If the former meaning were taken, then the rule would be that a divorced woman should wait for three monthly menstruation periods (Haydh) to elapse. If the later meaning is taken, the rule would be that the divorced woman should wait until three months in between her monthly menstruation period (Tuhr) have expired. The question is which one of these two meanings applies. (Mufti Taqi Uthmaani in his Contemporary Fatawa)

Imam Abu Hanifa is of the view that it means menstruation periods whereas Imam Shafi says it means the time in between the monthly period (Tuhr).

The Hanafi evidence is as follows:

1. A hadith narrated by Saaidah Umm Habibah which can be found in Sunan Nasai. (p.28 v.1)

2. Saaidah Aaisha hadith which can be found in Sunan Abu Dawud p.304 v.1)

The Shafi evidence is as follows:

1. A statement of Saaidah Aaisha . (Sunan Baihaqi p.682 v.7 & Musanaf Ibn Abi Shaibah p.148 v.4)

2. The incident of Saaiduna Ibn Umar divorcing his wife. (Sahih Bukhari p.938 v.2)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.