THIS NOTE IS GIVEN TO ME BY A FRIEND WHICH IS WRITTEN BY A STUDENT, SO THERE MIGHT BE SOME MISTAKES, PLEASE CORRECT ANY MISTAKES IN THE COMMENT, THANKS & MAY ALLAH BLESS ALL OF US)
THE ISSUES ON HAIDH, NIFAS, AND ISTIHADHAH
A. ISSUES ON HAIDH
B. ISSUES ON NIFAS
C. LEGAL RULINGS ON HAIDH & NIFAS
D. ISSUES ON ISTIHADHAH
A. ISSUES ON HAIDH
1. Definition of haidh
Menstruation (haiḍh) is that blood, which the womb of a mature female excretes naturally and that is not the result of any illness (istihadhah).
2. Age when haidh starts and ends
Majority of the scholars say that the earliest age for a girl to start having haidh is at 9 years old. (4 Mazhabs). Therefore, if a girl sees blood before 9, it is considered as istihadha and not haidh.
At what age does a woman get Menopause?
1. 55 years old (Abu Hanifah).
2. 60/62 years old (Syafi’e & Hanbali)
3. 70 years old (Maliki)
4. According to the ealier women in that family (some of Hanafiahs and Malikiyyahs)
5. No certain age for menopause as it is different according to different women (Hilali).
Effects of these different opinions are in these 2 cases:
a. If the blood continue to come out although after the Menopause or years stated (55/60/62/70). Is it haidh or istihadhah?
b. If a woman get menopause and then after some times the blood comes out, is it haidh or istihadhah?
1. It is istihadha (Hanafi, Maliki, & Hanbali).
2. It is haidh (Syafi’e).
3. If the colour is red and black it is haidh, if the colour is not red and black it is istihadhah (some of Hanafi and Hanbali).
4. If the woman can recognize the blood is same like the blood during haidh, then it is haidh, if she do not know, she can see the doctor (Hilali).
3. The duration of haidh
The shortest duration:
1. One drop of blood but this is for ibadah (obligatory bath, solah, fasting etc.). For iddah the shortest duration is one day (Maliki).
2. One day and one night (Syafi’e and Hanbali).
3. 3 days 3 nights (Hanafi).
4. It is different according to different women. She can ask the doctor (Hilali).
The effect on these different opinions is: if the duration of the blood is less than the shortest duration then the woman must perform prayer and fast during Ramadhan, as it is considered as istihadhah.
The longest duration of haidh:
1. 10 days 10 nights (Hanafi).
2. 15 days (Maliki, Syafi’e, Hanbali).
The effect of these different opinions is: if the duration of the blood is more than the longest duration then the women must perform prayer and fast during Ramadhan, as it is considered as istihadhah.
4. The colours of haidh’s blood
Ijmak Fuqaha’ (All scholars agree) that the haidh’s blood is dark red.
The discharge of color—light red, yellow, muddy, green, or earthy—which a woman sees in the days of menstrual bleeding is considered menstrual discharge (haidh) and her menstruation will continue until the discharge is pure white or there is no discharge.
If discharge of color—light red, yellow, muddy, green, or earthy—which a woman sees NOT in the days of menstrual bleeding (haidh) is considered istihadhah.
5. The haidh starts at external skin of vagina or the cervix?
Once blood flows onto the external skin of the vagina (i.e., out of the inner lips), ḥaiḍh commences. This is irrespective of whether it flows out to the outer lips or not. If some cotton, a pad, or a tampon is inserted into the vagina whereby the blood cannot flow out, then as long as the blood remains in the vagina and no blood is seen on the outside of the cotton, menstruation has not commenced. When blood appears onto the inner lips of the vaginal opening (or on the external visible area of the inserted cotton wool), menstruation will commence from the time the blood is seen.
Example: If a woman inserted a piece of cotton or tissue in the internal vagina at night and in the morning she saw blood on the tissue, menstruation will be calculated from the time she saw the blood. It is disliked (makrūh) for a woman to use tampons or to insert anything into the inner vagina.
6. The purity between the haidh periods.
If a day or more of purity falls within the 10/15-day period of menstruation, it will be [treated] as [continuously] flowing blood.
Example: A woman bleeds for three days and then does not see blood for two days. Then, she bleeds for one day; all six days will be considered menstruation. There is no maximum duration for purity. Hence, a woman will remain pure as long as she does not bleed, even if it extends to several months or years.
Another opinion of scholars about the legal rulings on women in Haidh and Nifas:
According to mazhab Hanbali, women in menses can enter the masjid if there is no other place to rest, to stay for protection, or to hear lectures, but she must take ablution or do tayammum and make sure that her blood will not spoil the masjid. (Hilali).
Another opinion from Sheik Saud al-Funaysan, former dean of Islamic law, al-Imam Islamic University in his Hukm Dukhûl al-Hâ’id wal-Junub al-Masjid li-Simâ` al-Durûs wal-Muhâdarât (Rules Governing the Menstruating Woman and the Sexually Defiled Entering a Mosque to Hear Lessons and Lectures).]
1. Reading Qur’an: A person in a state of Janabah differs in certain rulings from a woman in her menstrual cycle. For one thing, a person in a state of janabah [due to sexual ejaculation] cannot read the Quran. By contrast, the strongest view regarding a menstruating woman is that she can read the Qur’ân on sight or recite it from memorization. This is the official ruling issued by the permanent Committee for fatwa and Research in Saudi Arabia under the chairmanship of Sheikh Ibn Bâz. As for the hadîth prohibiting a menstruating woman from reading the Qur’ân, it is unauthentic. Ibn Hajar discusses all the chains of transmission for this hadîth in al-Talkhis al-Habîr and determines them to be weak. Ibn al-Qayyim does likewise in I`lâm al-Muwaqqi`în.
2. Fast: Another point of difference is that a person in a state of Janabah can fast while in that state, while a menstruating woman cannot fast.
Finally, a person in a state of Janabah can bathe and dispel that state at will. This is not the case for a menstruating woman. She has no control over when her menstruation begins and the period of her menstrual cycle can be protracted.
3. Entering Masjid: On the basis of what we have discussed, it is not right to prohibit menstruating women from entering the mosque to hear sermons and to attend lectures and classes and thereby receiving benefit. To prevent women from doing so means that they will be likely to forget what they have memorized of the Qur’ân. They will be prevented from seeking Islamic knowledge. Many talented women will be frustrated, disheartened and lose enthusiasm.
If a person who is in Janabah (a state of major ritual impurity) can enter the mosque out of necessity, then a menstruating woman has even more right to be able to do so. The legal axiom is that: “a need takes the legal status of a necessity when it is not fulfilled.” If we do not regard a woman’s seeking Islamic knowledge in the mosque to be a singular obligation upon her, then we must at least view it as a necessity in order to keep alive the message of the mosque for all Muslims. It is, at the very least, a legitimate need that takes the ruling same ruling as a necessity in Islamic Law.
If those who prohibit a menstruating woman from entering the mosque wish to argue that there is a danger of the mosque becoming soiled by menstrual blood, we would say that women today have far better means of keeping clean than they had at the time of the Prophet (peace be upon him). They protect themselves so perfectly at home, not to mention the mosque, that no matter how heavy the bleeding might be, their clothing never gets stained.
Nevertheless, since the time of the Prophet (peace be upon him) women suffering from incessant vaginal bleeding have been attending the mosques, even though they were not so perfectly protected from dripping blood.
This is according to the hadîth of `Âishah where she said: “One of the Prophet’s wives joined him in i`tikâf and she used to see blood and yellow spots. She had a bowl under her and would pray.” [Sahîh al-Bukhârî]
Ibn Hajar comments on this hadîth saying: “It indicates the permissibility of a woman suffering from perpetual vaginal bleeding to stay in the mosque and the validity of her i`tikâf and prayer and the permissibility of her being in the mosque with the impurity as long as long as she is secure from soiling the mosque. The same applies to any person with a perpetual condition of breaking his state of purity and a person with a bleeding wound.” [Fath al-Bârî]
Therefore, if the reason for preventing a menstruating woman from entering the mosque is to prevent the mosque from being soiled, then the same would have to apply to incessant vaginal bleeding. Our mosques today are not better than the mosque of Allah’s Messenger (peace be upon him). Indeed, the need of women today to seek Islamic knowledge and have means made available for them to do so is more pressing today than it was for the women among the Companions and the Mothers of the Believers.