Q. If a woman is always in menses due to health related concerns, we were told that when this happens, she must consider it all as part of haiz. So for 365 days she is menstruating. (questioned from a concerned gynecologist)

A. We appreciate that as a gynecologist you have taken out the added time to learn the finer religious rulings for the spiritual advancement of your patients. May Allah (subhanahu wa ta’aala) reward for this endeavor. Ameen.

The answer you have received is incorrect. Such a ruling are functioning in essence to block a usually healthy relationship from thriving, should your mentioned ruling be accepted. There is also a chance that the above ruling could prompt adultery on the part of a man and function as a point of frustration on the part of woman. The referred ruling is an inhibitor of fairness on the rights of humanity, and lacks astuteness to the finer laws of religion.

Also, in countries like the United States that do not allow a man to have a second, third or fourth wife, more complications arise. The mentioned ruling was given in an Arab country allowing for men to take a second, third or fourth wife. In America and Europe, such options do not exist. Other than the ruling being only of benefit to men, it deprives a woman of her shared intimacy. (This last statement is not promoting or limiting the issue of wives, but a point made towards those who argue that a man can go elsewhere for his pleasure while his wife is undergoing a state of continual menstruation.)

As for the woman, the restricted ruling you are mentioning would not only deprive a woman of shared adult intimacy; spiritually a woman would also atrophy due to the lack of religious duty fulfillment – for in such a state, such a ruling would force a woman to never perform salaah, nor would she be able to read the Qur’an, never go for Hajj herself (unless she was prepared to pay a huge Dumm — penalty for broken laws during hajj), etc. The impact of the above ruling could prove hugely detrimental to the imaan of a healthy woman who may be undergoing health issues.

Thus, our religion being one of logic and common sense, has imparted to us the opinions of jurists who have formulated a simple method for the benefit of our sister undergoing such an ailment:

Should a woman not be mindful her habit prior to her suffering from a 24hr bleeding session, she would be bound to go on a 10/20 ratio. This means, out of 30 days, 10 days/nights would be viewed as her having her menses, and the remainder 20 days would be viewed as istihaza.

In other words, the first 10 days would be like a woman who has a normal cycle. (Psychologically, this also helps her feel like a normal woman, or rather, like a woman without undue complications, which sometimes can help her mental confidence as well.) The remainder 20 days would be viewed as istihaza. Naturally, the laws of istihaza would apply to her when in istihaza, and the laws of menses would apply to her when she is in that given state.

(Note: although it would be ideal for a man not to touch his wife on adult terms, and for a woman to reach such a level of piety that would not demand adult activities, the realities of life would prove otherwise. Thus, research on the issue has resulted in the above response, due to scholars like ourselves taking into account the rights of Allah and rights of humanity.)

Allah certainly knows best.