سفر المعتدة : دراسة فقهية تأصيلية

Abstract EN

This study reconsiders the travel of Mu’taddah (the woman who preserves her waiting period after her divorce or her husband’s death) as the Islamic jurisprudence writings almost agree on prohibiting her travel.

These writings relays on a number of evidence such as the Quranic verse which states: (O Prophet (SAW)! When you divorce women, divorce them at their 'Iddah (prescribed periods), and count (accurately) their 'Iddah (periods ).And fear Allah your Lord (O Muslims), and turn them not out of their (husband's) homes, nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse.

And those are the set limits of Allah.

And whosoever transgresses the set limits of Allah, then indeed he has wronged himself).

The study tries to revolutionize the principles of Islamic jurisprudence and the objectives of Islamic law to approach this issue.

Depending on the domain of the principles of jurisprudence and the objectives of the Islamic law, the study analyzes the Quranic evidence which has been adopted to prohibit the travel of Mu’taddah.

The analysis has been carried out within the levels of the apparent meaning and the text, the restricted meaning and the confined meaning of words, the semantic reading of the text and the objective dimension of Idd’ah (woman’s prescribed waiting period after her divorce or her husband’s death).

The study concluded that the mentioned Quranic verse merely emphasizes Mu’taddah’s dwelling right, so it has been concluded that Mu’taddah’s travel is permissible let alone going outside her house.