Definition
Linguistically, the Arabic word Ihdaad (mourning) comes from the meaning restriction, and it means abstention. The Arabs would use it to describe a woman who mourns for her husband to indicate she abstains from adornments and pigments out of her mourning. As a legal term in Islam, it refers to the wife who abstains from wearing adornment and perfume out of her mourning for her husband and stays at home without leaving it except in the case of necessity.
2. The ruling on mourning
a. The Muslim Adult Wife
The scholars are in consensus that mourning for the deceased husband is obligatory upon the wife [233] Ibn Qudaamah said: “Mourning is not obligatory upon anyone except the wives like the mother of the son of her master if her master dies. Ibn Al-Munthir said: I do not know of any disagreement on this ruling. The same is applicable to the female-slave who had intercourse with her master if her master dies, the wife whose marriage has been consummated but it was based on a dubious marriage contract, and the adulterers. “ [Al- Mughni (8/155)]. . This consensus has been transmitted by [234] Al-Hasan al-Basree and al-Sha’bee differed on this ruling. However, their difference is deemed odd and does not override the consensus of scholars. Al-Maawardee, Ibn Abd al-Barr, Ibn al-’Arabee, Ibn Rushd, Ibn Qudaamah, al-Qurtubee, al-Nawawee, and Ibn al-Qayyim.
b. The young wife
The majority of scholars hold the view that mourning over the deceased husband is obligatory upon the young wife who did not reach puberty [235] Her guardian is required to make her avoid that which a mourning wife should avoid. . This is the view of the Maliki, Shafi’i, and Hanbali Madhabs.
c. The Jewish or Christian wife
The majority of scholars hold the view that mourning over the deceased husband is obligatory upon the Jewish or Christian wife. This is the view of the Maliki, Shafi’i, and Hanbali Madhabs.
d. If the marriage contract is invalid
e. the four Madhabs [236] The Maliki scholars distinguish between the mourning of a wife whose marriage contract is invalid. If the scholars are in agreement that the marriage contract is invalid, then she is not obliged to observe the waiting period or required to mourn for the passing husband. However, if the status of the marriage contract is disputed over, then she needs to observe the waiting period and mourn for her husband. hold the view that the wife does not mourn for her deceased husband if the marriage contract is deemed invalid or dubious (i.e., its validity is disputed over) [237] Consummating the Marriage that has been based on a dubious marriage contract refers to the case where the consummation happened while not being certain if it is forbidden or lawful, or if he consummates the marriage with a woman whom he thinks to be his wife or one his female-slaves, and so on. .
3. The wisdom for legislating mourning
a. Mourning for the husband is a sign of glorification to the marriage contract, showing its status and significance in the sight of Allah. The waiting period is dictated to honour the marriage contract, and mourning is dictated to complement and reinforce the purpose of marriage. To this end, the wife is the one ordered to mourn for her husband instead of doing it for her father, her son, her brother, and her other relatives.
b. Mourning for the husband signifies the difference between marriage and illicit relationships. For this reason, Islam legislated that all marriage contracts be announced, witnessed, and celebrated by playing the instrument of daff to distinguish it from all illicit and immoral relationships. Even when the marriage contract ceases to exist, Islam dictated that the woman needs to observe a waiting period and mourn for her husband in the event of his death.
c. Mourning for the husband requires the woman to refrain from putting on beautiful clothes or wearing perfume, or beautifying herself for a specific period because all this beautification would send the wrong signals to men and may make the woman think of starting to accept proposals from men, which may drive her to lie about the time of her waiting period if she finds a suitor that she does not wish to lose. Taking all possible reasons, Islam has blocked the means of evil, although people would easily know the time of death and calculate the waiting period of the widow since the waiting period is not that long like the waiting period of divorce, which is calculated based on the menstrual cycles that only the woman can tell its start time and end time. With that said, the woman is directed to take that which is more cautious and safer.