Concept of ‘Iddat’ Under Muslim Law

Concept of ‘Iddat’ Under Muslim Law

 

        “Iddat” may be described as the period during which it is incumbent upon a woman, whose marriage has been dissolved by divorce or death to remain in seclusion, and to abstain from marrying another husband. The abstinence is imposed to ascertain whether she is pregnant by the husband, so as to avoid confusion of the parentage. When the marriage is dissolved by divorce, the duration of the iddat if the woman is subject to menstruation, is three courses, if she is not so subject, it is three lunar months. If the woman is pregnant at the time, the period terminates upon delivery. When the marriage is dissolved by death, the duration of the iddat is four months and ten days. If the woman is pregnant at the time, the iddat lasts for four months and ten days or until delivery, whichever period is longer, Jhandu v Hussain Bibi, (1923) 4 Lah 192.

 

         If the marriage is dissolved by death, the wife is bound to observe the iddat whether the marriage was consummated or not. If the marriage was dissolved by divorce, she is bound to observe the iddat only if the marriage was consummated; if there was no consummation, there is no iddat, and she is free to marry immediately.

 

The iddat of divorce commences from the date of the divorce and that of death from the date of death. If information of divorce or of death does not reach the wife until after the expiration of the period of iddat, she is not bound to observe any iddat.

 

According to Ameer Ali, “Iddat is an interval which the woman is bound to observe between the termination, by death or divorce of one matrimonial alliance and the commencement of another.”

 

Iddat period

 

According to section 2(b) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (25 of 1986) “iddat period” means in the case of a divorced woman-

 

(i) three menstrual courses after the date of divorce, if she is subject to menstruation; and

 

(ii) three lunar months after her divorce, if she is not subject to menstruation, and;

 

(iii) if she is enceinte at the time of her divorce, the period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is earlier.

 

Incidents of iddat

 

1. The wife cannot contract another marriage during the period of iddat. She can marry only when the period of iddat ends.

 

2. During the period of iddat of the divorce (she being one of the four wives he had) the husband cannot marry another wife.

 

3. She has a right to claim maintenance under certain cases during this period.

 

4. The prohibition to marry by unlawful conjunction continues, during the period of iddat of his wife, and therefore, during the period of iddat, the husband cannot marry her sister.

 

5. The parties have a right to inheritance in certain cases.

 

6. The wife is also required to observe mourning during the period of iddat, by abstinence from rich clothes, perfumes and other objects of beautifying her body.

 

7. The wife becomes entitled to deferred dower and if the prompt one has not been paid, it becomes immediately payable.