merely upon conclusion of the marriage contract. Thus, if he dies before consummating the marriage with her, there is disagreement over whether she must observe a waiting period following the death of a non-Muslim. The same disagreement applies if he had consummated the marriage with her and she then experienced one menstrual period.

This concerns a man who was a non-Muslim by origin. As for an apostate who is executed or dies while still in apostasy, according to the schools of al-Shāfiʿī and Ahmad, as well as Abū Yūsuf and Muhammad, the woman is not required to observe the waiting period prescribed for widowhood, but rather that prescribed for an irrevocable separation. This is because the marriage became void through the husband’s apostasy. Al-Shāfiʿī and Ahmad do not regard such a separation as divorce, whereas Mālik and Abū Hanīfa do. For this reason, they did not require her to observe the waiting period for widowhood, but rather that for an irrevocable separation. If he had not consummated the marriage with her, she has no waiting period to observe, just as she has none following a divorce before consummation.

It is well known that Khālid killed Mālik ibn Nuwayra because he regarded him as an apostate. Thus, if(1) Mālik had not consummated the marriage with his wife, she had no waiting period to observe according to the scholars generally(2). If he had consummated the marriage with her, then, according to one of their two opinions, she was required only to wait for one menstrual period to establish that her womb was free of pregnancy, rather than observe a full waiting period; according to the other opinion, she was required to wait for three menstrual periods. Even if he had been a non-Muslim by origin, according to one of their opinions his wife would not have been required to observe the waiting period for widowhood. If all that was required was one menstrual period to establish that her womb was free of pregnancy, she may already have menstruated. Some jurists even hold that part of a menstrual period suffices for this purpose. Thus, if she was nearing the end of her menstrual period, they regarded that as sufficient because it indicated that her womb was free of pregnancy.

In sum, we do not know that the incident occurred in a manner that left no room for independent juristic judgment. To impugn someone on such grounds is the speech of one who speaks without knowledge, and this is among the things that Allah and His Messenger have forbidden.