A woman observes her waiting period, whether after divorce or after the death of her husband, in the family home. She may not move to another house, and her husband (if she is a divorcee) may not turn her out. If the divorce takes place when she is out, she must return to the family home as soon as she learns of her divorce. This is clear in the first verse of the surah entitled ' Divorce," which may be rendered in translation as follows:

" Fear Allah, your Lord, and do not turn them out of their homes and they may not move out unless they commit a clear and gross indecency. Such are the bounds set of Allah : Whoever transgresses Allah's bounds causes injury to himself "."

According to the Hanafi school of thought, a divorcee who is observing her waiting period may not go out of her home either during the day or during the night. A widow in her waiting period may go out during the day but she must stay the night in her home. The difference between the two is that a divorcee is entitled to maintenance from her husband. She does not need to go about in order to sort out her affairs, while a widow has no maintenance to expect. If a widow's portion of the family home is not sufficient for her living, or if other heirs do not allow her to use their portions, she may seek some other accommodations. To stay in her home during her waiting period is part of the worship of a widow. If there are reasons which make it impossible for her to observe that worship, she becomes exempt from it. A good reason for that is her inability to pay the rent required of her in a family home, if any.

The Hanafi school of thought, however, considers it permissible for any woman in her waiting period, whether she is a divorcee or a widow, to go out during the day. Jabir, a companion of the Prophet, mentions that his aunt was divorced three times. She went out to cut her date trees but a man told her to stay at home. She went to the Prophet and asked him. He said : " You may go out and cut your dates. You may give some of it for charity and you may do some good action. " (related in An-Nassa'ie and Abu Dawood). Another report suggests that a number of women, who lost their husbands in the battle of Uhud, came to the prophet and said : " Messenger of Allah, we feel very lonely at night. Can we stay in the home of one of us, and in the morning, each one goes to her home?" The Prophet answered : " You may meet in the home of any one of you for conversation, and when it is time for you to got to sleep, let each one of you go to their home.".

1. While it is true that an important purpose of the waiting period is to establish whether a woman is pregnant or not, it is by no means the only purpose. In this particular point, there is a difference between the waiting period of a widow and that of a divorcee. In the case of a widow, the waiting period is longer in order to be absolutely certain whether there is a pregnancy or not. Moreover, the waiting period shows that the widow values her past relationship with her deceased husband. She does not immediately join with another man.

In the case of a divorcee, there are certain rules of paramount importance. To start with, the waiting period is not calculated by months or days, but by periods of menstruation or cleanliness from it. If the woman is not pregnant, her waiting period extends for three menstrual periods. If she is too old or too young to have the period, then she waits for three months. If she is pregnant, her waiting extends until she has given birth.

Whichever is the length of a woman's waiting period, she stays during that time in her husband's home. He is not allowed to turn her out and she need not leave. She is entitled to full maintenance by her husband throughout this period. He has the right to have the marriage resumed if both agree on that. In this case, they need not have a new marriage contract or have a fresh dower. This is a very important factor.

When a woman is in her waiting period, she may not receive a new proposal by anyone. Nor is a man allowed to promise marriage to a woman who is in her waiting period. All that he can do is to give an implicit hint. On this basis, the answer to your particular question is that a doctor's opinion may establish that a divorcee is not pregnant, but that is not sufficient for her to have a new marriage. The rights which her first husband continues to have during her waiting period cannot be easily dispensed with. Even if he agrees to her new marriage, the rules cannot be changed.

2. The waiting period of a divorcee should not be confused with that of a widow. There are differences between the two in several respects. What is common to both is the fact that while they last, no new marriage can be initiated. The duration of the waiting period is the same for both a widow and a divorcee only when the woman concerned is pregnant, or when the marriage has not been consummated. In the case of pregnancy, the waiting period lasts until delivery.

If the marriage is terminated before consummation, whether by divorce or by the death of the husband, no waiting period is observed. Otherwise, the rules that apply in the two cases differ a great deal. In the case of a widow who is not pregnant, her waiting period is four months and ten days. This applies whether she is of the child-bearing age, an old woman past her menopause, a young girl who has not yet attained the age of puberty, or a woman who has missed her period and may be in the early days of pregnancy.

In this last case, she would either prove to be pregnant and wait until she delivers, or that she is not pregnant by having her menstruation period, and then she would wait the same as other women, i.e. four months and ten days. At no time the waiting period of a widow may last three moths only. In the case of divorce the duration of the waiting period differs according to her personal circumstances.

In the normal situation of a woman who is in the child-bearing age and who has her menstruation period regularly or irregularly, the waiting period lasts for either three menstruation or three periods of cleanliness from menstruation.

We have explained in our review of the various rules that are applicable to divorce that when a man wishes to divorce his wife, he must choose the time so that divorce takes place when the woman can start her waiting period immediately. This means that it is forbidden to divorce one's wife when she is in menstruation or in a period of cleanliness during which they have had intercourse.

If we take the interpretations that a divorced woman waits for three periods of cleanliness, then her waiting period lasts until she has completed her third cleanliness and started her third menstruation after her divorce. If she is to wait for three menstruation, then her waiting period is not completed until she has finished her third menstruation.

Some scholars are of the opinion that the point of completion is the stoppage of the discharge, while others say that the waiting period is over only when she has performed the grand ablution by taking a bath or a shower.

In case the divorced woman is either too old or too young to have the period, which means that she is either past menopause or has not attained puberty yet, then her waiting period lasts for three months. This shows clearly that there is considerable difference between the cases of a divorcee and a widow in these age brackets. A widow will continue her waiting period for four months and ten days, while a divorcee waits only three months.

Our reader asks why the two cases are not the same. This is the wrong line of question to ask. With regard to legislation enacted by God, we do not ask why this is made so or should it not have been made differently. We simply accept it knowing that God only wants what is best for us. We certainly try to understand the wisdom behind it, but when that is not readily apparent we still implement it.

The waiting period of a divorcee does not only ensure that the divorced woman is not pregnant, it also gives the separating couple a chance to reconcile their differences and reunite in marriage.

In the case of an elderly lady, who may be 70 years of age as our reader suggests, there is simply no chance of her being pregnant. She might have not had her period for 20 years or more. Still she has to wait for three moths. Who knows but her stay at her husband's home may be necessary to give her and her husband a chance to review their situation and iron out their differences.

If that elderly lady has lost her husband, she waits for four months and ten days, not to ensure that she is not pregnant but to complete a process of marriage that might have lasted for 50 years or more. She may have some claims to make and she needs to be in mourning for her deceased husband.

In both cases of divorce or death of the husband, the waiting period of a pregnant woman ends with delivery, whether this takes place after a few days or nine months. This is only right because the birth of the child creates a totally new situation which must be taken into consideration. A divorcing husband will have to consider the new position particularly with regard to the upbringing of the new-born. The fact that his former wife's waiting period lapses with her delivery puts on him an additional pressure to decide on whether or not he wants to reinstate his marriage.

In the case of a widow, different factors apply but these are equally important. What we have to understand is that God's law is specially designed to promote the well-being of mankind. What is more is that God looks at what serves the interest of all individuals concerned as well as the interests of the whole community.

We have already mentioned that a widow should remain in mourning during her waiting period. What I would like to stress is that mourning in Islam does not have the type of restrictions that social traditions impose in many communities. A Muslim accepts that death occurs by God's will and that it is merely a prelude to a new and different type of life.

If the deceased has spent his life on earth in a manner that is likely to earn him God's pleasure, then death means a step toward a happier and more enjoyable life. What is the point of mourning in such a situation? If he was a different type of person, then he does not deserve that anybody should be in mourning for him.

Hence the Prophet says: "It is not lawful for any woman who believes in God and the Last Day to be in mourning for more than three days except for her husband whom she mourns for four months and ten days." The mourning then has some social and family aspects that are different from those of the traditions of other communities.

When a marriage is terminated, either by divorce or by the death of the husband, the wife has to observe a waiting period, which is known in Islamic terminology as "iddah". The name is taken from a root which signifies "counting, or ascertaining a number". That is because the woman must be careful to complete her waiting period properly. She must observe certain restrictions which we will outline presently. She may not get married to anyone during her waiting period, except in the case of a divorce for the first or second time when she may be reunited in marriage with her divorcing husband before the end of her waiting period.

There are several reasons for observing the waiting period, but the most important of these is to ascertain that the woman is not pregnant. A pregnancy of a divorced woman or a widow creates a new situation. Hence, it is important to ascertain her condition so that, when born, the child is attached to his real father. Some people may suggest that nowadays it is easy to ascertain pregnancy through a test, but this does not waive the requirement that a woman observe her waiting period which has other purposes as well.

The waiting period provides a breathing space for the divorced couple to reconsider their situation. Their divorce may have been the result of a misunderstanding and they may reflect that their children are in need of care by both of them. A compromise may be worked out between them, which would not be the case if the woman got married to someone else shortly after her divorce.

Moreover, the waiting period signifies that marriage is a very serious matter, the termination of which cannot be approached in a trifling manner. It requires a certain period of waiting which may cause restrictions on both parties.

The length of the waiting period differs from one case to the other. A pregnant woman whether divorced or widowed, observes her waiting period until she has given birth, whether that occurs only a few days or nine months after the termination of her marriage. A widow who is not pregnant observes a waiting period which extends to four months and ten days. A woman who is divorced after the consummation of her marriage has a shorter waiting period to observe. This extends until she has completed three menstruation periods or three periods of cleanliness from menstruation. If she does not menstruate, her waiting period extends to three months. The waiting period is also applicable when separation of the couple is ordered by a judge as a result of the marriage being invalid. In this case, the woman observes the same waiting period as a divorcee. The reason here for the waiting period is to ensure that there is no pregnancy.

Whether divorced or widowed, a woman who has to observe a waiting period stays in the house where she used to live with her husband during their marriage. In other words, she stays in her own family home, provided to her by her husband as part of his commitment as a husband. This applies even to a divorcee, but the divorcing couple must use separate bedrooms. This is stated in the Qur'an: "Prophet, when you divorce women, divorce them at the beginning of their waiting period, and count that period. Fear God, your Lord. You shall not expel them from their homes, nor shall they go away, unless they have committed a clear indecency. Such are the bounds set by God; whoever transgresses God's bounds wrongs his own soul. You never know, after that, God may bring about some new event." This is the opening verse of the Surah 65, entitled "Divorce".

As for its application to a widow, we have the Hadith related by Furai'ah bint Malik who came to the Prophet and told him that her husband went out seeking some slaves who had rebelled. When he caught up with them, they killed him. She said to the Prophet that her husband had no home of his own and left her without maintenance. She asked the Prophet whether she could return to her own people. The Prophet said that she could. When she went out of the mosque, he sent someone to call her back. He then asked her to repeat her question. After she did, he told her: "Stay in your (matrimonial) home until your waiting period is over." She reports: "I stayed in that home four months and ten days."

There are certain restrictions which apply to a woman in her waiting period. The main restriction which applies to both a widow and a divorcee is that neither of them may get married during their waiting period, unless a divorcee agrees with her divorcing husband to be reunited in marriage. She may not get married to another man while she remains in her waiting period. Other than that, there is firstly the question of going out. The Hanafi school of thought is strictest in this regard. It claims that a woman in her waiting period may not go out of her home at any time of day or night if she is divorced, while a widow in her waiting period may go out during the day and early evening. Unfortunately, many in Islamic community have gone further than that and imposed even higher restrictions. These restrictions apply mostly to widows. Most of these restrictions smack of ignorance and backwardness. They do not rely on any evidence from the Qur'an or the Sunnah. What my reader has written about a widow not moving from one room to another in the same house is perhaps the worst I have heard in this connection. What we have to remember is that a woman who is observing her waiting period has not committed any offense. She is either divorced or widowed. If it is possible to think that she might have been the cause of her divorce, she may just as well be blameless for it. Besides, her husband's death is an act of God. She may be experiencing intense grief. Is it fair to impose on her unnecessary and unjustifiable restrictions? The question of observing a waiting period is a religious requirement. Hence, we must refer to Islamic teachings in order to know what is permissible and what is not during that period.

The fact is that a woman in her waiting period may go out to attend to her legitimate business during the day, whether she is a divorcee or a widow. This is clearly evident from a number of Hadiths. It is sufficient to quote two of these to confirm this view. The fist is reported by Jabir, a learned companion of the Prophet, who says: "My aunt was divorced a third time. She then went out to cut her date trees. A man who saw her reproached her for doing so. She mentioned it to the Prophet, peace be upon him, and he said to her: 'Go out to cut your date trees. It may be that you give some of it to charity or that you may do something good." (Related by An-Nassaie and Abu-Dawood) Mujahed reports: "A number of men fell martyrs at the Battle of Uhud. Their widows came to the Prophet and said: "Messenger of God, we feel very lonely at night. Is it appropriate that we stay the night at the place of one of us, and then go to our separate homes in the morning?" The Prophet said: "You may stay and chat at the place of any one of you, but when it is time for sleep, let each one of you go to her home."

This last Hadith shows the limit of the restriction on going out. A woman in her waiting period must spend her nights in her own home, but during the day she may go out. At night she can go out only in an emergency.

Further restrictions that apply to a widow in her waiting period include that she may not wear make-up or perfume or wear colorful or perfumed clothes. According to the Hanbali school of thought, she may not cover her face when she goes out. She does not wear her ornaments or jewelry or do her hair. The only time she may use perfume is only for the purpose of changing the smell of menstruation. These are the restrictions of mourning that are placed on a widow during her waiting period, and for three days only at the death of a very close relative.

These are the restrictions that apply during the waiting period. No other restriction has any Islamic basis. It is merely a matter of tradition which has nothing to do with Islam.