The Jurisprudential Differences in the Mourning Rituals

Abstract

The title of the research is " urisprudential Differences in Matters of Idda". It aims to identify the jurisprudential differences in the mourning rituals, to know the opinions of the jurists on them, and to clarify the strength or weakness of the differences between them. Through the research, it became clear that the number of jurisprudential differences in matters of idda is six, including twelve issues. Five of these jurisprudential differences are strong and considered, namely:

1. The strength of the difference between purifying the womb during idda and purifying it through modern medical methods. Purification during idda is mandatory, and purification through modern medical methods is not considered.
2. The strength of the difference between the woman's use of medical drugs during the idda of revocable divorce and her use of them during the idda of irrevocable divorce in terms of the effect on the husband. She is not allowed to use them during the idda of revocable divorce, but she is allowed to use them during the idda of irrevocable divorce.
3. The strength of the difference between artificial insemination during the idda of revocable divorce with the husband's sperm and artificial insemination during the idda of irrevocable divorce. It is permissible in the first case, but not in the second.
4. The difference between artificial insemination and sexual intercourse in considering return (raji'ah). Sexual intercourse establishes return unconditionally, while artificial insemination is not considered return unless the husband agrees to it and intends it.
5. The difference between inseminating the wife with her husband's sperm in the event of his brain death and inseminating her in the event of his real death. It is permissible in the first case and not in the second.

As for the weak jurisprudential differences, they are in one issue, which is the difference between inseminating the wife during the idda of her husband's death and inseminating her after the end of the idda. Insemination is not permissible in either case.