بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

اَلْحَمْدُ لِلّهِ رَبِّ الْعَالَمِيْن،وَالصَّلاۃ وَالسَّلامُ عَلَی النَّبِیِّ الْکَرِيم وَعَلیٰ آله وَاَصْحَابه اَجْمَعِيْن۔

Special Issues of Women

Issues of Menses and Puerperium:

Menstruation is the blood which comes out from the womb of a woman (uterus) within the specified periods, without any sickness or disease. Since this blood comes out almost every month, therefore, it is also called (MC). Allah the Exalted has destined this blood for the whole women. This blood becomes food for an embryo during pregnancy. Beginning from adultery of a girl (12-13 years of age) to almost 50-55 years of age, this blood will come. The opinions of scholars on the maximum and minimum period of menses are diversified. However, its period usually prolongs from 3 to 10 days.

Puerperium is the blood which comes out from the uterus of a mother upon giving birth to a baby and after the birth. There is no limit for the minimum period of puerperium. (It may stop within one or two days.) And the maximum period of puerperium is 40 days. (Muslim, Abu Daud, and Tirmidhi), Therefore, if a woman purifies before 40 days, e.g. her blood stops, then she has to take bath and begin offering prayers. Waiting to complete 40 days period, even after stoppage of blood and not to offer prayers, etc. is a big mistake.

The following Issues are illegitimate (unjustified) for Menstruating and Puerperal Women:

  1. Sexual intercourse in both of these two above cases. (Surat-ul Baqarah 222). However, during these days excluding sexual intercourse, all types of lawful enjoyments and partying are allowed. The apostle of Allah (PBUH) said: excluding marital intimacy (sexual intercourse) all kind of actions can be practiced.
  2. Offering of prayers and keeping fasts. (Muslim). Menstruating woman should do qada of fasts only after her purification, but, she won’t have to offer qada of the prescribed prayers. (Bukhari and Muslim). The reason of difference between Salah rituals and fasts is better known to Allah the Exalted. Even though, the scholars are of the view that Salah is such a ritual, which is being repeated (every day five times), and this is why, it is possible that owing to avoid hardship and difficulty, its qada is not sought in the Islamic Shari’ah. But the matter of Fast is quite unlike and contrary (as it is enjoined once during a year), so qada of fasts is sought in the Islamic Shari’ah.
  3. Touching the holy Qur’an without a barrier (cloth). The holy Qur’an can be touched only in the state of purity, it is therefore, during the impurity days, the woman should touch the holy Qur’an with only its outer cover. (Surat-ul Waqeah 79 & Nasai).
  4. Circumambulating the Ka'bah (Bukhari & Muslim), however Sa’ee (running between Safa and Marwa) can be done in the state of impurity. (Bukhari).
  5. Entering into mosques (Abu Daud), if a woman is inside Masjide Haram and she began to menstruate, then she should immediately come out the Masjid. Though, she is allowed to sit in either in Safa and Marwah or outside of Masjide Haram i.e. in its courtyard.
  6. Reciting the holy Qur’an without touching it (Abu Daud), there are different views of scholars in this respect. But, all Ulama are agreed upon this fact that it is more precautionary not to recite the Qur’an during these days, even if it is without seeing the Qur’an, although the supplications and rituals mentioned in the Qur’an can be recited in these days.

(Note)

Y  Marital intimacy of husband and wife while menstruating or during puerperal period and committing sexual intercourse from the rear side at any time is unlawful and forbidden.

Y  It is permissible to take the medicines to stop menstruation (MC) temporarily.

Y  The bleeding of Menstruating or puerperal, at whatever Salah time may began, if she had not offered that Salah, then doing qada of that Salah is not obligatory for her. She must restart offering Salah regularly as soon as her bleeding stops.

Issues of Vaginal Bleeding (Istehadha) other than menstruation:   

Besidesmenstruationorpuerperium, sometimes a woman bleeds due to a disease, which is called “Vaginal Bleeding (Istehadha)”. Due to bleeding of a disease (Vaginal Bleeding), the ablution breaks out, but offering the prescribed prayers and Fasts is not pardoned for this woman. Moreover, during the days of Vaginal Bleeding, marital intimacy can be practiced. (Abdu Daud & Nasai).

(Note)

Y  If a woman is constantly bleeding due to any disease (Vaginal Bleeding), e.g. drops of blood are flowing without interruption, as she does not see even a very short time of break to offer the prayer, then, she is just like the person who is suffering from urinary dribbling that she will do ablution for a specific time of the prayer and she should offer whatever  prayers or recitation of the Qur’an may be within this time, she has to do a fresh ablution as and when the time of second prayer starts. (Bukhari & Muslim).

Usage of Contraception:  

Although, Islam urges the proliferation of generations, however, it allows to adopt such reasons (contraception) that stop pregnancy temporarily, such as usage of contraceptive pills or condoms or keeping sperm off (ejaculating sperm out of vagina). {Bukhari}.

Abortion:

Y  If a woman becomes pregnant, it is not allowed to abort the embryo. (Surat Bani Israil 31, Surat Al-An’am 151).

Y  If there is a legitimate reason, then it is permissible to abort but in very limited conditions only.

Y  After the completion of four months of pregnancy, the abortion is absolutely Haram (unlawful and forbidden), because, it’s tantamount to kill an alive soul.

Y  If continuation of pregnancy is exposing a danger to the life of mother, then abortion is permitted even after four months also. It is permitted for mere averting one of two big hazards and to get the one of two bigger advantages

Issues concerning prohibition of Radha’ah (Breastfeeding):

If a woman feeds a baby her breasts under the age of two years, then they both consequently become as mother and son (daughter). The majority of scholars are agreed on the fact that the basic condition for Radha’ah (Breastfeeding) is that a baby had sucked up the breast before the weaning period. As Allah the Exalted has commanded:

{و الوَالِداَتُ يُرضِعنَ أَولاَدَهنّ حَولَيْنِ كَامِلَينِ لِمَنْ أَرَادَ أنْ يُتِمّ الرَّضَاعَةَ})(Baqarah 233

“Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing (period).”

"There is no kinship by suckling except for a person who is nursed when he is small. There is no kinship by suckling over the age of two years." (Tirmidhi). It means that kinship of son (daughter) and mother will prove only when she nursed him/her before weaning period. After narrating this Hadeeth, Imam Tirmidhi (RHA) said: This Hadeeth is an authentic one and the same was the action of the blessed companions of the prophet (RA) that “No prohibition results from suckling except for what penetrates the intestines while on the breast before weaning.” If a baby suckles before weaning period, then kinship will be proved, if he suckles after the weaning period, so that will be no result of that. (Tirmidhi).

Even though, Imam Abu Hanifah (RA) has permitted to feed breast up to a period of two and half years. But, Hanafi scholars have issued a Fatwa to nurse/feed breast the new born baby for two years only.

If someone suckles the breast of her wife, then it does not affect their marriage pact.  However, we should avoid such practice as much as possible. Right from the beginning of era of the blessed companions (RA) till today, 99.99% of Ummah’s Muhadditheen, Interpreters of the Qur’an, thinkers, jurists, four Imams and the majority of scholars have consensus on the fact that no prohibition / kinship will prove if a woman breastfeeds a man, i.e. no relation of mother and son will bind them together, because its basic condition is that she suckled a baby before weaning period.

Mohammad Najeeb Qasmi (www.najeebqasmi.com)