How is the waiting period (istibra') determined?
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Fatwa No. ( 10889 )
Q: A European woman converted to Islam. What is her waiting period? It is known that it is customary in these misguided lands for a woman to have a male friend or companion who, in that regard, has sexual relations with her like a husband, but he is not considered a husband and does not have the rights of a husband. It is well known that the custom in these lands considers this act not shameful, and that it is the right of both the man and the woman. What we have read in the books of jurisprudence is that the waiting period of a disbeliever is at least one menstrual period. In this case, if a Muslim marries a woman who has converted to Islam and she tells him that she has had three menstrual periods during which she did not have sexual relations with any man, but later it becomes clear to him that she is pregnant from the previous period, and that she has only had one menstrual period with him, and this period, as she says, came to her a week and a bit before its expected time, what is obligatory for him to do in this situation, and the matter
as mentioned above, is their marriage considered valid and does he have the apparent right? Since she told him that she had three menstrual periods before he married her, without having sexual relations with any man, and how does the situation continue after knowing the truth? And is the child in this case his child or what? Perhaps if he divorces her, it will lead her to disbelief or apostasy. Please issue a ruling on this, may you be rewarded, and may Allah reward you with all good.
A: If the matter is as mentioned, then the waiting period (istibra') is determined by one menstrual period. However, if she is pregnant, the marriage contract with her is not valid until she gives birth. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A European woman converted to Islam. What is her waiting period? It is known that it is customary in these misguided lands for a woman to have a male friend or companion who, in that regard, has sexual relations with her like a husband, but he is not considered a husband and does not have the rights of a husband. It is well known that the custom in these lands considers this act not shameful, and that it is the right of both the man and the woman. What we have read in the books of jurisprudence is that the waiting period of a disbeliever is at least one menstrual period. In this case, if a Muslim marries a woman who has converted to Islam and she tells him that she has had three menstrual periods during which she did not have sexual relations with any man, but later it becomes clear to him that she is pregnant from the previous period, and that she has only had one menstrual period with him, and this period, as she says, came to her a week and a bit before its expected time, what is obligatory for him to do in this situation, and the matter
as mentioned above, is their marriage considered valid and does he have the apparent right? Since she told him that she had three menstrual periods before he married her, without having sexual relations with any man, and how does the situation continue after knowing the truth? And is the child in this case his child or what? Perhaps if he divorces her, it will lead her to disbelief or apostasy. Please issue a ruling on this, may you be rewarded, and may Allah reward you with all good.
A: If the matter is as mentioned, then the waiting period (istibra') is determined by one menstrual period. However, if she is pregnant, the marriage contract with her is not valid until she gives birth. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.