Re: Waiting period for females who do not have menstrual cycles
Reply #1 - April 21, 2010, 10:18 PM
I was looking into this earlier today.
As stipulated in 33:49 of the Qur'an, the waiting period, or 'iddah, is only necessary in the event that the marriage is consummated. However, it can also serve as a kind of trial separation and the divorce can be annulled during it, or at the end of it.
It's worth noting that the major tafsirs state that the verse does indeed refer to pre-pubescent girls.
Tafhim al-Qur'an, Maulana Maududi: "Therefore, making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Qur'an has held as permissible."
Ma'arif al-Qur'an, Mufti Mohammad Shafi, revised by Mufti Muhammad Taqi Usmani, p. 509: "The same is the 'iddah (waiting period) of young women who have not yet started menstruating on account of being under age."
Tafsir Ibn Kathir: "The same for the young, who have not reached the years of menstruation. Their `Iddah is three months like those in menopause. This is the meaning of His saying; (and for those who have no courses...)
Tafsir al-Jalalayn: "and [also for] those who have not yet menstruated, because of their young age, their period shall [also] be three months."
Tanwir al-Miqbas min Tafsir Ibn 'Abbas: "another man asked: “O Messenger of Allah! What about the waiting period of those who do not have menstruation because they are too young?” (along with those who have it not) because of young age, their waiting period is three months."
However someone might interpret it, it certainly looks as though the 'pre-pubescent girls' interpretation is a valid one.