By: Aas M. Chaudhry, Bhawalpur
(Pakistan)
(B.Com, L.L.B. {Gold Medalist})
In Islam, iddah or Iddat (period of waiting or probation) is the period, a woman
must observe after the death of her spouse (husband) or after a divorce, during
which she may not marry another man. We discuss some important and necessary
information about Iddat in the following lines:
Meaning of Iddat:
“Iddat” is an Arabic word; its literal meaning is “many, several”. Iddat means
such period during which it is incumbent upon a woman, whose marriage has been
dissolved by divorce or her husband's death (or through dissolution of
marriage), to remain in seelusion and to abstain from marrying with any other
person. Logic of Iddat:
The abstinence for a specific period is imposed only on woman to ascertain
whether she is pregnant by the last husband or not. Therefore, in future,
confusion of parentage will not occur. Duration of Iddat:
If the Marriage of woman is dissolved by divorce and...
1. She is subject to menstruation and sexual intercourse has taken place, but
she is not pregnant, her Iddat will be three menses, as it is described in The
Holy Qur'an:
“and the divorced woman will remain in waiting for three menstrual courses.”
2. She is not subject to menstruation and sexual intercourse has taken place,
but she is not pregnant, her Iddat will be three lunar months, such as it is
said by Almighty Allah:
“And as to those of your divorced women who have no hope of menstruation, if you
are in doubt, then their prescribed period is three months, and similarly of
those too who have not yet menstruated.”
Important Note: If the Divorce or the cancellation of marriage takes place on
the first of the month, then 3 months Iddat shall be taken into account
according to lunar calendar and if it is some other date, then the month of 30
days or 90 days in all shall be taken for the Iddat.
3. She is pregnant; her Iddat will last till the delivery of the child, as it is
commanded in The Last Message of Almighty Allah:
“Moreover, the term of pregnant women is until they have given birth to the
child.”
4. Sexual intercourse has not taken place (whether the woman is subject to
menstruation or not), there is no Iddat and she is free to marry immediately.
Allah Almighty says:
“O you who believe! when you marry believing women, and then divorce them before
you have touched them, in their case there is no waiting period which may count
against them.”
If the Marriage is dissolved by Her Husband’s Death and...
1. She is not pregnant (whether the sexual intercourse had taken place or not),
and whether the husband or wife was underage (minor) subject to the marriage was
lawfully complete and correct, her Iddat will be four (lunar) months and 10
days. Allah Almighty Says:
“Moreover, those of you, who die and leave behind wives, let those wives wait
for a period of four months and ten days.”
2. She is pregnant; her Iddat will last until the birth of child.
“And the term of pregnant women is until they have given birth to the child.”
History of Iddat:
Before Islam, on the death of the husband the period of Iddat was one year.
Different Problems of Iddat:
If the Divorce is given in state of menses, this mense will not be counted in
the three menses for Iddat. After the present one, three more menses should pass
to complete the term of Iddat.
The Iddah because of Divorce (or death) is from the date of the Divorce (or
death) whether the woman is aware of this or not. If she comes to know after the
passing of her Iddat (whichever is due according to Islamic Injunctions) then
the Iddat will be deemed to have already taken place, or if the man mentions any
particular date (of divorce) then the Iddat (of divorce) will be counted from
that date.
Maintenance of Widow/ Divorced Woman during Iddat:
The husband is bound to maintain divorced wife during the Iddat and if he
refuses to pay her this right then she can approach court for grant of the same.
The husband is legally and religiously bound to maintain the divorced wife
during Iddat period.
In case where the husband has died, the widow has the right to live in his house
for one year and she is entitled to maintenance. As it is described in The Holy
Qur'an:
“And those of you who die and leave behind them wives, should make a will for
their wives to provide them for their maintenance for one year without causing
them to vacate their homes.”
Such maintenance would be paid from the property of the deceased husband and it
would not be considered as part of right of inheritance.
Family Court awarded maintenance allowance at the rate of Rs. 5,000/- per month
for her Iddat.
Effect of Marriage during Iddat:
Marriage during Iddat is irregular because Islamic Jurisprudence prohibits it:
“And do not resolve on the tie of marriage until the end of the prescribed
period is reached.”