All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Jurists have reached a consensus that a woman divorced after the consummation of marriage, who is of menstruating age, must observe a waiting period of three quru’ (menstrual cycles), rather than three months. This is in accordance with the Word of Allah the Exalted {which means}: "Divorced women remain in waiting for three periods.." [Al-Baqarah: 228].
If the conditions of menstruation are not met due to a contingency, such as illness or the use of medication that prevents the cycle, she follows the position of the Maliki school. In this case, she must wait for nine months, which represents the typical maximum duration of pregnancy. If no pregnancy appears during this time, the "clearing of the womb" (bara’at al-rahm) is established. Following these nine months, she completes her Iddah by observing an additional three months, similar to the waiting period for menopausal women, totaling one full year.
Imam al-Mawwaq al-Maliki (may Allah have mercy on him) stated: "If her menstruation is delayed due to illness, Ibn al-Qasim and others narrated that she observes a waiting period of three months after a nine-month period of 'pregnancy clearance' (istibra)." [Al-Taj wa al-Iklil Vol.5/P.476].
This position is also adopted by the Jordanian Personal Status Law No. 15 of 2019, specifically in Article 147, which states:
"The Iddah for a non-pregnant woman for any cause other than death (of husband) is:
A. Three complete menstrual cycles for those who menstruate.
B. Three months for those who have never menstruated or have reached menopause. If menstruation occurs before this period ends, they must restart the Iddah based on three complete cycles.
C. The woman of 'Extended Purity' (Mumtaddat al-Tuhr): This refers to a woman who saw her period once or twice and then it ceased; she shall wait for nine months to ensure the absence of pregnancy, followed by three additional months to complete a full year."
Therefore, if a woman cannot menstruate after divorce due to a hormonal suppressant or an illness, the following applies:
• If it is medically possible to cease the medication without causing verified health damage, she is required to stop the medication until her three menstrual cycles are completed and her Iddah ends.
• If she cannot stop the medication because doing so would cause confirmed harm or health complications that pose a risk to her life, she is legally treated as a woman of "Extended Purity." Consequently, she must observe a nine-month period (the standard pregnancy term) to confirm the womb is empty, followed by three months to complete the year. And Allah the Exalted knows best.
