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Fiqh of Menstruation New
Transcript of Fiqh of Menstruation New
according to the Hanafi School Fiqh of Menstruation Principles and Comprehensive Percepts Introduction Topic 3 Menstruation Blood which emanates from the
uterus Exiting from the vagina Even if it is legal blood With the absence of pregnancy
Not preceded by a previous
child's birth since an
interval of less than six months Lochia Postnatal bleeding that exits
following the delivery of most
of the baby With regards to the question whether an individual can have a second baby within 6 months, it is a rare scenario. I have answered according to my knowledge of the medicine but of course Allah knows best.
A woman can fall pregnant after childbirth as soon as she begins to ovulate again. Theoretically, if a woman is not breast feeding she may ovulate within 6 weeks time. This would cover the 40 days of Nifas.
Presuming she fell pregnant immediately thereafter, the earliest point she could deliver a 'viable baby' is 24 weeks of gestation. In current practice, a ‘viable’ baby according to the great majority of Obstetrics/Neonatology is from 24 weeks onwards: (UK Legislation/ Royal College of Obs & Gynae Guidelines- with chances of survival at this point being 26%). This would be the most realistic scenario at the given extremes and you will notice this takes this female to just above 6 months- giving the 6 month Tuhr discussed.
So a woman gives birth 1st Jan. Has a period 14th Feb and then has a positive test 15th Mar. Thereafter she gives birth prematurely at 24 weeks to a live viable baby on 2nd Aug.
The next question relates to what the ‘Islamic Jurists’ would define as viability. A fetus has ALL organs developed; including genitalia/nervous system by 12 weeks gestation (you could Google search images of 12 week fetus and see). However these babies are not viable, in that they are not developed enough to sustain life. So the question would need to be clarified whether bleeding following this ‘miscarriage’ is classified as Nifas or not. This scenario is possible within 6 months. i.e. Mother delivers healthy baby on 1st January, has a period at 6 weeks 14th Feb, has positive pregnancy test on 15th March, then miscarries at 12 weeks gestation around 15th May.
With regards to the question of IVF treatment etc- I am not sure that any IVF centre would jump in and help a woman get pregnant straight after she delivers- there are a lot of physical and psychological factors in IVF and often it takes some time to address these. At the earliest, I would expect they would wait for her to finish her Nifas bleeding ‘lochia’ and have at least one normal cycle- following this she would require another monthly cycle of baseline tests and they would not start treatment before her subsequent cycle. From this point of starting treatment it takes at least 6 weeks for the woman to fall pregnant- I think we can easily say this would take her beyond the 6 months mark before she is able to deliver a ‘viable’ baby!
Also, with regards to women not bleeding after child birth- some women (rarely) are indeed able to give birth without a single drop of blood being shed, as long as and up to the point where the placenta is still attached. Once this detaches, then absolutely every woman in the world in childbirth will bleed!
Dr Huma Farooq MBBS.BMedsci.MA (London)
Specialist Registrar Obstetrics & Gynaecology London Can a Female have a 2nd child within 6 months? Blood even if it is legal
blood Dysfunctional Uterine Bleeding Not emanating from
the uterus Exiting from the vagina Bleeding that is minimally
Does not exceed 10 days
Does not exceed 40 days
for Lochia Valid Blood Blood Exceeding the Maximum: SITUATION: A woman has a 7-day menstrual habit. She sees 12 days of blood. Precept Applicable to This Situation:
If real or legal blood exceeds 10 days, she returns to her menstrual habit and all blood in excess of the habit is Istihada. Dam Sahih /
Valid Blood Dam Fasid/
Invalid Blood Unqualified Tuhr The state free of menses
or lochia A Tuhr of at least 15 days Valid Tuhr And is between 2 valid
bloods That is not mixed with
blood A Tuhr less than 15 days Invalid Tuhr And is mixed with blood A mixed Tuhr i.e. a Tuhr
interval between 2 bloods
within the 40 days of
Lochia PRECEPT: A tuhr of 15 days or more during the possible 40 days of nifas does not separate the blood before or after it; rather it joins them. Example of Lochial Beginner Complete Tuhr Tuhr is within 40 days of Nifas
Will Not Separate Two Bloods 35 Day Nifas
Verdict of Imam Abu Hanifah
Mufta bihi / Official Legal Opinion A Tuhr that is 15 days (360
hours) or more Complete Tuhr A Tuhr less than 15 days
(360 hours) Incomplete Tuhr Tuhr 15 days Yes No Incomplete Tuhr
= Invalid Tuhr Complete Tuhr
= Can be a seperator Intermixed
with Blood Not intermixed
with Blood Valid Blood Invalid Blood Previous valid menstrual period
and Tuhr or one of the two. A Woman With A Habit One who is having her first menstrual
period or first Lochia Beginner Lost or Confused Woman A woman with constant bleeding
who has forgotten her habit Principles and Comprehensive Precepts Menstruation Minimum = 3 Days = 72 Hours
Maximum = 10 Days = 240 Hours Example 1: (Just before) the rising of the sun 24 hours 24 hours 24 hours This example shows the completion of the cycle of 3 days and 3 nights. Example 2: Before (the rising of the sun) 24 hours 24 hours Less than
24 hours This example shows an incomplete cycle of 3 days and 3 nights. Lochia Minimum = No minimum!
Maximum = 40 Days = 960 Hours If a woman gives birth and the bleeding stops
immediately after she can perform ghusl and
pray. Divorce at Birth If someone says to a free woman, “When you
give birth you are divorced”, he has issued a
conditional statement. If that free woman claims that her iddah (waiting period) has ended, how much time must pass before her statement is taken as truthful? DIFFERENCE OF OPINION Imam Abu Hanifah- 85 days Imam Abu Yusuf- 65 days Imam Muhammad- 54 days Opinion of Imam Abu Hanifah 25 + 15 + 5 + 15 + 5 + 15 +5 = 85 days 40 days 20 days 25 days Why are 25 days set as the time that should pass before she is believed? 25 days of Nifas + 15 days of Tuhr = 40 and blood on the 41st day can be hayd.
Nifas less than 25 days effectively nullifies any existing habit if the bleeding returns within the span of 40 days. Minimum Hayd-Hayd Lochia-Lochia Lochia-Hayd 15 days = 360 hours 15 days = 360 hours 6 months = 180 days A complete Tuhr is needed between:
Two lochial periods
Two menstrual periods
A lochial and a menstrual period There is no Maximum Tuhr.
It could last a lifetime. A Tuhr maximum is set at 2 months when there is a need for it
during an iddah. A specialist must be consulted in this case. Scenario: Pregnant Woman Blood seen during pregnancy
is NOT hayd Why not? Pregnancy is a (prohibiter) A Tuhr can be complete but invalid
at the same time Day 19 does not reach the minimum = Istihada 31 days = Tuhr Faasid
Mixed with blood Cannot be used to establish habit Incomplete Tuhr Less than 15 days (360 hours)
Not a separator
Connects the first actual bleeding to the second actual bleeding
Incomplete Tuhr is Legal Blood Incomplete Tuhr Tuhr Naaqis is less than 15 days
Imam Abu Hanifah and Imam Abu Yusuf say that it does not separate
It connects the blood before it and the blood after it = Legally considered to be a continuous flow of blood Excerpt from Hidaayah Imam Abu Yusuf Scenario: Beginner Answer: Scenario: Woman with a Habit Place of habit is given preference Example of Hayd beginning and ending with Tuhr Imam Muhammad 1. Tuhr Naaqis does not separate if the Tuhr is equivalent to or less than the blood within the possible ten days of hayd. All 9 days are hayd because there are more days of bleeding than there are days of Tuhr. This is not considered hayd because the number of Tuhr days is more than that of the days of blood. 3. If there is a minimum quantum of hayd at each end of the Tuhr Naaqis = The preceding minimum quantum will be treated as hayd. 4. If there is blood at both ends of the Tuhr Naaqis then what reaches the minimum quantum will be hayd. The Rulings of Tuhr Naqis/ Incomplete Tuhr: 1. Imam Abu Hanifa and Imam Abu Yusuf Tuhr Naqis does not separate between two sets of blood. 2. Imam Muhammad Tuhr Naqis can separate between two sets of blood if the Tuhr is more than the sum total of blood at either end. The Later Hanafi Scholars have given the fatwa on Shaykhayn’s opinion with the intent of creating ease for the Mufti and the Mustafti (the one asking the ruling). Practical application of Shaykhayn’s ruling: To be filled in by student Note:
Practical application of Imam Muhammad’s ruling: Section 1 1. Onset of Valid Bleeding 2. End of Valid Bleeding 2. If the Tuhr Naaqis is more than the blood then it separates. Case Study 6th - 13th Blood September October 3rd - 12th Blood 26th Blood 27th No Blood 28th Spotting 29th Blood November 4th End of Period 22nd Blood 2:30 pm 23rd No Blood 24th Spotting 25th Blood December 2nd Bath at 2:00 3rd Blood ends- Bath