Abstract:

In the 4th verse of Surah Talaq, besides the period of menstruating women, women who do not menstruate are also mentioned. In the narrations about the expression (وَاللَائِي لَمْ يَحِضْنَ) (and those who do not menstruate) mentioned in hadith and tafsir sources, it is said that the verse refers to the period of iddah for little girls who divorce before reaching puberty. Thus, referring to the narrations about the verse "and those who do not menstruate", which has a classical and traditional understanding of fiqh and whose influence continues, they stated that Islam legitimizes marriage with little girls. In this respect, while evaluating the subject, it is of great importance to consider the customs and traditions of the period, as well as to examine the narrations in the works of esbâb-ı nüzul, tafsir and hadith in terms of soundness. In this study, the opinions of the jurists on the fiqh interpretation of the relevant verse about the situation of women who do not have a menstrual period and who have menstrual irregularities were evaluated, the narrations transmitted by using the researches of obstetricians were discussed and pointed out that the proposed approaches were problematic.

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