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Fiqh of Menstruation
Transcript of Fiqh of Menstruation
according to the Hanafi School Fiqh of Menstruation Principles and Comprehensive Percepts Introduction 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 / Formal 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 separator 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 10 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. 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: A mixed/invalid Tuhr during the possible days of Nifas takes the ruling of legal blood. -First actual bleeding is linked to second actual bleeding
-Second actual bleeding is before the completion of 40 days 40 days is established as habit if:
a) Followed by a Tuhr
b) Woman is a Beginner in Nifas A Beginner in Nifas sees: Links first blood to second blood as second blood is within 40 So, 25 DAYS = Legal blood of Nifas A Beginner in Nifas sees: 40 days Nifas Istihada Establishment of the Habit The menstrual habit is established by having:
-A valid menstrual period once
-A valid Tuhr once
-A valid menstrual period and Tuhr once If a woman has a habit of 5 days from the beginning of every month, then she sees six days will this become her new habit? Imam Abu Hanifah and Imam Abu Yusuf= 6 days are Hayd
-New menstrual habit established of 6 days
-Change in habit is established by just one occurrence of a valid Hayd and/or a valid Tuhr Imam Muhammad= 6 days are Hayd
-Menstrual habit will remain 5 days
-Seeing anything different to the habit once is not enough to cancel an established habit Solid Habit Induced Habit A habit that has divergent tuhrs and differing bloods.
The previous Hayd and Tuhr is cancelled by the next divergent Hayd and Tuhr. A change from the previous habit can only be established by a repeat occurrence. Imam Muhammad Imam Abu Yusuf A change from the previous habit can be established by only one occurrence. Possible Scenarios A woman sees blood exceeding the maximum And there occurs a minimum in
the habitual place
And part of her habit number falls in the Tuhr Sahih Possible Scenarios (Could be retrospectively) Does not see blood in the entire month She sees blood after the time/place of her habit She sees blood before the time/place of her habit Section One 1.Onset of Valid Bleeding 3. The Kursuf 2. End of Valid Bleeding Onset of
Hayd When blood emerges from the opening of the vagina to the labia minora. When blood doesn’t leave the vaginal opening but is parallel to its edges. Vaginal opening: it is circular and in line with the anus. Labia minora: it is long and in position with the buttocks or the clitoral hood. Anything which is visible or appears from the urethra, anus or vaginal opening (فر داخل ),whether it is a small amount or more, INVALIDATES the ABLUTION. LEGAL RULING of VISIBLE BLOOD Legal ruling of blood = Legal ruling of urine and stool Blocking the
of Blood Blood is felt descending, but
is blocked from appearing/
emerging Blood is blocked, but ONLY AFTER
it has already appeared/
emerged -Wudu not broken
-Hayd not legally established Has no legal bearing Hayd/Nifas status remains Blocking Method:
Inserting in or stuffing the internal area Blocking Method:
Binding cloth over the external opening CAUTION: It is makruh tahrimi for the non-virgin under any circumstances to place the whole kursuf in the vagina (as in using tampons) For there to be consequences for the emergence of blood from other than the two passages, there are two conditions: Emergence of the blood even if it
is squeezed out E.g. by means of a needle Flow of blood. There is a difference
of opinion with regards to its interpretation = To well up and flow down (MOST AUTHENTIC) = To swell up at the mouth of the wound till it is greater than the opening itself If blood from a wound is wiped off every time it emerges in one gathering repeatedly to such an extent that if it was to be accumulated it would have flowed, then this method will invalidate wudhu. Blood Flow Blood flows to parts of the body whose purification is obligatory in a legal غسل e.g. If blood emerged from the head and flowed. Blood flows, but not directly onto the body, so that even the mouth of the wound was not soiled e.g. blood letting. Blood flows to parts of the body whose purification is not necessary in a legal e.g.The inner part of the eye or wound. WUDHU IS INVALIDATED. WUDHU IS INVALIDATED. WUDHU IS INVALIDATED. NOT Onset of Nifas Lochia begins when:- Bleeding occurs-‘most of the baby’
has been delivered. If head first, then after the chest comes out. If feet first, then after the navel comes out. Scenario:A woman gives birth but doesn’t see blood Imam Abu Hanifah and Imam Abu Yusuf:
Ghusl is obligatory Imam Abu Yusuf retraction: She is pure
and no ghusl is obligatory Most scholars adopt and authenticate this opinion because such a child is not devoid of moisture i.e. blood CAESAREAN BIRTH MISCARRIED FETUS OR STILLBORN Some Discernible Human Features such as finger, nails, hand, or even hair would deem the miscarried fetus a ‘baby’. Blood After
Miscarrying Embryo Reaches the minimum quantum and was preceded by a Tuhr Taam Faasil Blood does not reach minimum quantum Istihadah Hayd A Woman gives birth to twins. (legally, twins are from the same womb, separated by less than six months) Imam Muhammad :
Nifas is considered from the birth of the last child Imam Abu Hanifah and Imam Abu Yusuf: Nifas is considered from the birth of the first child After 5 weeks of pregnancy she miscarries an embryo on the 15th of the month. She then bleeds for 15 days. What would this bleeding qualify as and what would be the solution?
After five weeks of pregnancy, she miscarries an embryo on the 15th of the month. She had been bleeding from the 13th of the month and after the miscarriage sees blood for ten days. What is the solution?
After 5 weeks of pregnancy she miscarries on the 15th of the month and she sees 2 days of blood. What is the solution? Case studies: to be completed on H8 Maryam has a habit of 5 Hayd and 25 Tuhr Case Study: Recently divorced pregnant woman When is this woman’s iddah legally completed?
How many days are calculated as Nifas? Case Study: Recently divorced pregnant woman When is this woman’s iddah legally completed?
Which days would be considered days of Nifas? End of Menstrual Age A woman has reached Menopause when she:
-Reaches the age of 55 lunar years
-No longer has menstrual periods If divorced, her iddah would end after three full months from the time of the divorce. 55 lunar years are 53 solar years and 4 months. Scenario:
A 55 year old woman sees blood Sees blood Blood colour is
Intense Red or Black If valid blood, it will
be hayd Scenario:
A 55 year old woman sees blood, post menopause Blood colour is yellow,
dusky or muddy Blood colour is the same as
her pre-menopause menses If valid blood, it will
be hayd If these colours were not seen pre-menopause then they will not qualify as hayd. Case Study: Losing the Menopausal Status A 56 year old post menopausal woman was issued a divorce. She observed her iddah of three full months.
Following her iddah, she remarried.
She then saw valid blood which resulted in her losing her menopausal status.
Will this affect the validity of her marriage?
Does she need to re-observe the iddah?
What if she saw the valid blood two months into the three full months iddah she was observing? Blood The colour is only considered after the immediate removal of the kursuf, as it tends to change colour as it oxidizes and dries. In other words, all non-white or non-clear discharge can be legally considered blood. Hadith of Bukhari Placed between labia minora ( the inner lips) at the opening of the vagina.
The Kursuf -used properly- can confirm the end of hayd or nifas.
Sunna for a virgin to use during hayd.
Mustahab at all other times for a non-virgin.
Scenting it with musk etc. has been prescribed.
Makruh to insert Kursuf completely into the vagina.
It is not permissible for a virgin to place the whole kursuf in the vagina (as in using a tampon). The Kursuf A menstruating woman placed a clean
kursuf at ‘Isha and goes to sleep She wakes up at Fajr to find the kursuf
clean or has a white or clear discharge on it She is legally deemed ‘pure’ from the
moment she placed the clean kursuf She must make up the ‘Isha and Witr
prayer, as at the time of the exit of
‘Isha prayer she was legally ‘pure’ A ‘pure’, free from menses woman placed a clean kursuf at ‘Isha She wakes up at Fajr to find the kursuf is blood stained Her hayd has legally begun from the moment she saw the blood not from the moment she placed the kursuf She should have offered the ‘Isha prayer as at the time of the exit of ‘Isha prayer, she was still ‘pure’ Case Study 6th-13th Blood
3rd- 12th Blood
27th No Blood
4th Blood Stopped
22nd Blood 2:30pm
23rd No Blood
3rd Blood Stopped
December: October: September: November: 2. If the Tuhr Naaqis is more than the sum total of the blood at either ends then it separates. 3. If there is a minimum quantum of Hayd at each end of the Tuhr Naaqis= The preceding minimum quantum will be Hayd. 4. If there is blood at both ends of the Tuhr Naaqis then whichever of the two qualifies as the minimum quantum, will be Hayd. Second Section Rulings for the Beginner and A Woman with a Habit Change of Lochial And Menstrual Habit Menstrual Blood Exceeding the Maximum Menstrual Blood Not Exceeding Maximum Examples Rulings for the Beginner Any bleeding which a beginner sees is either Hayd or Nifas If the bleeding seen is not less than the minimum If bleeding seen does not exceed the maximum (of 10 or 40 days Examples of Hayd for The Beginner Incomplete Tuhr is treated as continuous bleeding It is permissible for the beginner to end Hayd with legal blood, but not begin Hayd with legal blood This example shows that Hayd has ended with Tuhr Examples of Nifas Beginner Rule 1: Incomplete Tuhr is treated as continuous bleeding Rule 2: It is permissible for the beginner to end Hayd with legal blood, but not begin Hayd with legal blood After giving birth, she sees: 39 Days and 23 Hours - 959 Hours Incomplete Tuhr Continuous Blood ALL Nifaas 40 days is Nifas and rest are Istihada
Exceeded maximum, revert to 40 days . If Tuhr is complete
it will separate 30 days Nifas +15 days Tuhr= separator Rulings for a woman with a habit
a menstrual or lochial habit) Blood and/or tuhr seen differs from her habit time or habit number or both Blood and/or tuhr seen matches her habit time and habit number
Habit stays the same Blood and/or tuhr seen differs from her habit time or habit number or both If blood and/or tuhr seen are different from habit but are INVALID If blood and/or tuhr seen are different from habit but are VALID Returns to habit Habit changes If the blood seen does
not exceed 40 days If the blood seen exceeds 40 days The habit changes to what is seen All the blood
seen is nifas The habit remains She returns to the habit Blood exceeding 40 days is Istihadhah If real or legal blood does not exceed 10 days All blood seen is hayd
If real or legal blood exceeds 10 days If the minimum amount did not occur/coincide with the habitual time/place The habit place/time changes but the habit number stays the same If the minimum amount occurred/coincided with the habitual time/place If the minimal amount that occurs in the habitual place is not equal to her habitual number The habit number changes to that which is seen The habit stays the same Conclusion- For solving any case/ problem: 1.One tries to apply the habit place/ and the habit number / …..if this is possible. If not then……… 2. Place takes precedence over the number ……if this is possible. If not then: 3. The number عدد is applied!
- an interval that Sacred Law considers to be blood
when there is no actual blood
- all coloured discharge that is not white Legal Blood Blood with the same properties as Hayd A Mubtada’a / Beginner sees: 11 Blood Exceeded
Blood 15 Tuhr Constant
Valid Tuhr marked with
blood Not suitable for
establishing habit 11th day of blood added to Tuhr days A Mubtada’a sees: Beginner with Constant Blood Solution: This Mubtada’a will have the same legal ruling as the one who attains maturity is a state of Istihada between two valid bloods Complete Tuhr Not between two valid bloods Does not qualify to be used for habit