Question:
Can I get an answer for my question? I am a divorced woman. Throughout our marriage, we had issues and never had intercourse. However, we tried IVF to get a child, but it was unsuccessful. My question is, how long is my iddah since I never had intercourse?
Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
We have answered questions and explained matters related to iddah in our previous article before, some of them are:
- Al-Kafi #820: Iddah Raj’ie for Women Whose Husbands Passed Away [1]
- Bayan Linnas Series 61: Woman Candidate Campaigning for Election During Iddah [2]
- Al-Kafi #506: Iddah for Menopause Women [3]
Thus, in answering the issue of iddah, we start with the statement of the sanctioning of iddah for women who are divorced according to the statement of Allah SWT:
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ
“Divorced women remain in waiting for three periods,”
Surah al-Baqarah (228)
Indeed, the syarak divided talak (divorce) according to certain situations; whether the iddah is due to death or divorce. While iddah due to divorce is further divided into two; whether the divorce happens before or after intercourse.
Thus, basically for divorced woman before intercourse, syarak has clearly states its ruling through
Allah SWT’s statement:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا
“O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So, provide for them and give them a gracious release.”
Surah al-Ahzab (49)
Jurists (fuqaha’) of madhab Syafie have discussed this issue and their decision is summarized by Dr Muhammad Zuhaili:
وسواء كانت المرأة حاملا أو حائلا, كبيرة أو صغيرة, عاقلة أو مجنونة ولو بمجرد استدخال مني الزوج
“Whether the woman is pregnant or not, adult or a child, rational or not, if the semen of the man enters her (in her vagina), then there is iddah for her.” See al-Mu’tamad (4/260)
The same is stated by Imam Ibn Hajar al-Haitami where he said, when the semen of the husband of the woman enters her, then there will be iddah for her. See Tuhfah al-Muhtaj (8/231).
In answering the above question, we will first give the definition of the process of IVF (In-Vitro Fertilization, IVF), which is a process which involves the fertilization of the ovum of the wife and the sperm of the husband in vitro. After fertilization, the embryo is then transferred in the womb. IVF is a medical treatment for couples who failed to conceive a child through normal intercourse.
Conclusion
According to the above discussion and evidences presented, we would like to state that IVF is considered as the act of introducing the husband’s semen into the vagina of his wife. Thus, as explained above, iddah is applicable in this case. In other words, the semen of the husband entered the womb of his wife although it is not through natural intercourse. Thus, we affirm it once again that iddah is applicable.
May Allah SWT give us understanding in practising His commandments. Amin.
End notes:
[1] http://www.muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/2625-al-kafi-820-wanita-dalam-iddah-raj-ie-yang-kematian-suami?highlight=WyJpZGRhaCIsIidpZGRhaCJd
[2] http://www.muftiwp.gov.my/ms/artikel/bayan-linnas/1159-bayan-linnas-siri-61-calon-wanita-berkempen-untuk-pilihanraya-dalam-keadaan-iddah?highlight=WyJpZGRhaCIsIidpZGRhaCJd
[3] http://www.muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/2084-al-kafi-506-iddah-bagi-wanita-menopaus?highlight=WyJpZGRhaCIsIidpZGRhaCJd
[4] See M.A. Allard et al., “The Experience Of In Vitro Fertilization Procedure (IVF)”, Gynecologie, Obstetrique & Fertilite 35, no. 10 (2004), 1010. Cited in Rawatan Infertiliti dari Perspektif Maqasid al-Shari’ah (Fertility Treatment According to Maqasid al-Shari’ah Perspective ) by Mohd Anuar Ramli etc., pg. 89.