When does the post-divorce waiting period end?

 

The post-divorce waiting period ends with childbirth for a pregnant woman, after three menstrual cycles for a woman who experiences menstruation, with the cycles occurring within a period not less than sixty days. The waiting period for a menopausal woman ends after three lunar months from the date of the divorce. The premise for the ruling regarding the waiting period of a divorced woman are the verses, “Divorced women remain in waiting for three periods” (Quran, 2:228) and “And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth” (Quran, 65:4).

Imam al-Sarkhasy noted in Al-Mabsut, “The waiting period for a pregnant woman ends by childbirth even if she gives birth one day after the divorce due to the words of Allah Almighty, ‘And for those who are pregnant, their term is until they give birth’ (Quran, 65:4). This is also because pregnancy is the best indicator of the intended meaning, namely that the womb is free from conception. The waiting period for a menopausal woman … three months according to the Quran” (6:15).

Law No. 1 of 2000 on Personal Status stipulates, in Article 3 of its promulgation provisions, stipulates that judicial rulings shall be issued in accordance with the personal status and waqf [endowments] laws in force. Where no express provision exists in those laws, the rulings shall be based on the preponderant opinions within the Hanafi school of Imam Abu Hanifa. Nevertheless, judgments in personal status disputes involving non-Muslim Egyptians who are unified in sect and religion, and who had organized denominational judicial laws until 31 December 1955, shall be issued in accordance with their respective religious laws, provided that such laws do not contravene public order. It was stated in the rulings of the Court of Cassation (case No. 326 of Judicial Year 63, Personal Status), “According to the Hanafi School of jurisprudence, the minimum duration required for the completion of the waiting period for a woman who menstruates is sixty days. Where the woman asserts that this period has elapsed, her assertion shall be accepted upon her taking an oath”

And Allah Almighty knows best.