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The role of Qur'ān and ḥadīth in the legal controversy about the rights of a divorced woman during her ‘waiting period’ (‘ idda )

1989; Cambridge University Press; Volume: 52; Issue: 3 Linguagem: Inglês

10.1017/s0041977x00034546

1474-0699

G. R. Hawting,

Marriage and Sexual Relationships

In Muslim law one of the topics of dispute which is traced back to some of the earliest authorities, and which persists as a difference between the various madhhabs and sects, concerns the obligations owed by her former husband towards a wife who has been divorced. Schacht attempted a summary of the positions taken in the dispute together with an explanation for them: The Medinese hold that the definitely divorced wife who is not pregnant, can claim from her former husband only lodging during her period of waiting {‘ idda ); the Iraqians give her also the right to board. The two doctrines are based on two variants of Koran lxv.6, the Medinese on the textus receptus , the Iraqian on the reading of Ibn Mas‘ūd. When the text of Ibn Mas'ūd was superseded in Iraq by the textus receptus during the reign of the Umaiyad caliph ‘Abdalmalik (A.H. 65–86), this basis of the Iraqian doctrine was forgotten, and Abū Ḥanīfa was reduced to justifying it by an arbitrary interpretation of the textus receptus and by a tradition from ‘Umar.