The Waiting Period of Women Without a Uterus

The Waiting Period of Women Without a Uterus

The waiting period of women, known as iddah, has been established in Islamic law in a manner consistent with human dignity and respect. Although iddah is a legal and religious obligation imposed on women, it carries numerous jurisprudential and legal effects and applies to a wide range of women in society.

Given the rapid advancement of science, especially in the field of medicine, and the possibility of surgical removal of the uterus, it has become necessary to develop a precise understanding of the rules of iddah. This subject is of significant importance and raises many practical legal questions.

The Legal Status of Women Without a Uterus in Iranian Judicial Practice

Iddah in the Iranian Civil Code

The Iranian Civil Code addresses iddah in eight articles.

Articles 1150 to 1157 of the Civil Code

Iddah refers to the period during which a woman, after the death of her husband or dissolution of marriage, is prohibited from remarrying. The duration of this period varies depending on whether the marital relationship ended through death, divorce, or annulment, as well as whether the marriage was permanent or temporary, and whether the woman is pregnant.

Under Iranian law, several types of iddah are recognized, including:

• Iddah of death
• Iddah of divorce
• Iddah of a pregnant woman
• Iddah of temporary marriage
• Iddah of a menopausal woman

After clarifying the general concept and categories of iddah, the specific issue of the waiting period of women without a uterus may be examined.

The Holy Quran addresses this matter in Surah At Talaq, verse 1:

“O Prophet, when you divorce women, divorce them for their prescribed waiting period and count the waiting period.”

In Surah Al Ahzab, verse 49, believers are also addressed:

“O you who believe, when you marry believing women and then divorce them before you have touched them, then there is no waiting period for you to count for them. So provide for them and release them in a gracious manner.”

The rules of iddah contain numerous detailed provisions. Among them is the principle that the waiting period following the death of a husband applies to every woman, even if no marital relations occurred or if the woman is menopausal. Other forms of iddah generally apply to a woman who has had marital relations and is not menopausal.

Reference may be made to Tahrir al Wasilah, Volume 2, Book of Divorce, Chapter on Waiting Periods.

Issues Concerning the Obligation to Observe the Waiting Period

Among the general public, it is sometimes believed that iddah exists solely to clarify whether a woman is pregnant. This assumption is inaccurate and often arises because, in many types of iddah, marital relations are a relevant condition. A closer examination of the jurisprudential rules shows that iddah is not limited to the issue of pregnancy.

For example, a woman whose husband has died must observe the waiting period regardless of her age, even if pregnancy is certainly impossible. Likewise, a woman who is divorced many years after her last marital relations is still required to observe iddah. On the other hand, there are situations in which iddah is not obligatory, even though pregnancy might be possible, such as when a young woman is divorced before any marital relations.

The essential question, therefore, is whether a woman who lacks a uterus and is incapable of becoming pregnant is obligated to observe iddah.

Based on the legal opinions of Imam Khomeini, the conclusion is that:

Even women who have undergone surgery to remove the uterus and are therefore incapable of pregnancy and do not menstruate, if they are not menopausal, are still obligated to observe iddah. Likewise, if a woman’s fallopian tubes are blocked or her uterus has been removed, the obligation to observe iddah remains.

Reference: Istifta’at of Imam Khomeini, Volume 3, page 335.

Frequently Asked Questions About the Waiting Period for Women Without a Uterus