Question :

A woman who has not reached the age of menopause, according to Islamic Sharia, (55 years according to the Hanafi school of thought) has undergone a hysterectomy, either total or partial. It is known that this situation is not addressed in the Jordanian Personal Status Law, so we cannot classify her as menopausal, young girl, woman experiencing menstruation on regular basis, or from among those who have menstruated once or twice and then their menstruation stopped. Should we rule that her Iddah* ends only when she reaches the age of 55, given the possibility of menstruation resuming? Or should we measure it based on a prepubescent girl who does not menstruate or an elderly woman whose menstruation has ceased, making her waiting period three months? This is especially since comparing her to a prepubescent girl is difficult due to the impossibility of seeing menstruation even once, and comparing her to an elderly woman contradicts the scholars' statement that the age of menopause is 55 years?

The Answer :

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.
Islamic law has made the occurrence of menstrual bleeding a marker to determine the waiting period for a divorced non-pregnant woman. This is based on the Quranic verse {which means}: "And those who are divorced should wait concerning themselves for three menstrual periods." [Al-Baqarah/228]. If the blood that a woman experiences meets the conditions of a monthly menstrual cycle in terms of duration and timing, it is considered menstrual blood, and the woman must observe the waiting period.
However, if the conditions of menstruation are not met due to a complete hysterectomy or other reasons, the blood is not considered menstrual because the place of menstruation has ceased to exist. In this case, the woman observes a waiting period of three months, as Allah Says {what means}: "And those who have despaired of menstruation from among your women - if you are in doubt, then their period is three months." [At-Talaq/4].
If only part of the uterus is removed, leaving a part where the menstrual cycle can still occur, then the woman observes the waiting period based on her menstrual cycles if she experiences them with the required conditions.
This is because the scholars have defined menstruation in Islamic law as blood that flows from the uterus. With the complete removal of the uterus, menstruation becomes impossible according to Islamic jurisprudence. As it is stated in {Al-‘Inaayah Sharh al-Hidayah (Vol.1/P.160)}, a Hanafi legal text: "According to the jurists, it is blood that is expelled from the healthy uterus of a woman who is neither ill nor young." In {Asna al-Matalib (Vol.1/P.99)}, a Shafi’i legal text, it is stated: "Menstrual blood is a natural blood that flows from the deepest part of a woman's uterus at specific times." Also, in {Muntaha al-Iradāt (Vol.1/P.117)}, a Hanbali legal text, it is stated: "Menstruation is a natural blood that the uterus releases, which a woman habitually experiences after reaching puberty, at known times.
In addition, the scholars have indicated that menstruation is the original evidence of empty uterus (non-pregnancy), and the impossibility of menstruation necessitates observing the waiting period for months. In {Manh al-Jalil Sharh Mukhtasar Khalil (Vol.4/P.307)}, it is stated: "(Unlike a young girl) who observes the waiting period of three months after a divorce, if she sees blood during those months, it is considered menstruation (if she is capable of menstruation), unlike a seven-year-old girl, for whom any blood she sees is considered an illness or corruption. (And the case of) a young girl who is capable of menstruation, if she sees blood during her waiting period of months, she transitions to observing the waiting period based on her menstrual cycles and the previous months are nullified, even if only one day remains; because menstruation is the original evidence of empty uterus (non-pregnancy)..."
Moreover, article 147 of the Jordanian Personal Status Law states: "The waiting period for a non-pregnant woman for any reason other than death is: a. Three complete menstrual cycles for those who menstruate. b. Three months for those who have never menstruated or have reached menopause. If either of them menstruates before the end of this period, they restart the waiting period with three complete menstrual cycles. c. For those who have menstruated once or twice and then their menstruation stopped, they wait nine months to complete the year."
In conclusion, a woman who has undergone a complete hysterectomy and is unable to menstruate observes a waiting period of three months. However, a woman who has undergone a partial hysterectomy and can still menstruate observes the waiting period based on her menstrual cycles. And Allah The Almighty Knows Best.






*(The waiting period a woman must observe after the death of her spouse or a divorce, during which she may not remarry, based on the Quran 2:228 and 2:238. )