Concept of Iddat | 12 Jan 2024
Introduction
The concept of Iddat is very significant in Islamic Law. Under Muslim law, it is that period
during which a woman is prohibited from remarrying after the dissolution of her marriage
and is required to live a simple life.
Iddat
Iddat is an Arabic word, and its literal meaning is counting. Counting here means
counting the days of possible conception to ascertain whether a woman is pregnant or
not.
It can be defined as an interval that the woman is bound to observe between the
termination by death or divorce of one matrimonial alliance and the
commencement of another.
The object of iddat is to ascertain the paternity of a possible conception by her former
husband.
Under Sunni Law marriage with a woman undergoing iddat is irregular and not void.
But under Shia Law marriage with a woman who is undergoing iddat is void.
Duration of Iddat
Iddat When Marriage is Dissolved by the Death of the Husband:
Where a marriage dissolves by the death of the husband, the duration of iddat is
four months and ten days.
If she is pregnant at the time of husband’s death, it continues till the delivery of the
child or four months ten days whichever is longer.
Iddat When Marriage is Dissolved by Divorce
When a valid marriage is dissolved by divorce and consummation has taken place,
the duration of iddat is three monthly courses.
Divorce may take place by Talaq, Ila, Zihar, Khula, Mubarat or under the
Dissolution of Muslim Marriage Act, 1939. If the woman is not subject to
menstruation, this period is three lunar months.
It the marriage has not been consummated, the woman is not required to observe
iddat.
If the woman is pregnant at the time of divorce, then the duration of iddat extends
till delivery of the child or abortion.
Divorce –Iddat:
Where a husband had divorced his wife and has died before the completion of the
iddat, the woman is required to undergo a fresh iddat for four months and ten
days from the date of the husband’s death.
Commencement of Iddat
The period of iddat begins from the date of the divorce or death of the husband and
not from the date on which the woman gets the information of her divorce or of the death
of her husband.
If she gets the information after the expiry of the specified term, she needs to observe
the required iddat.
Rights and Duties When Observing Iddat
The following are the rights and duties of the wife observing iddat:
If the wife observes iddat, the husband is bound to maintain the wife during the
period of iddat.
The wife cannot marry another person until the completion of her iddat, and if
the husband has four wives including the divorced one, he cannot marry a fifth
one until the completion of the iddat of the divorced wife.
The wife becomes entitled to a deferred dower, and if the prompt dower has not
been paid, it becomes immediately payable.
In the event of death of either party before the expiration of the period of iddat the
other is entitled to inherit from him or her in the capacity of wife or husband,
as the case may be, if the divorce has not become irrevocable before the death of the
deceased.
If the divorce is pronounced in death or illness and the husband dies before
completion of wife’s iddat the wife is entitled to inherit from him even if the
divorce has become irrevocable prior to his death, unless the divorce has been
effected with her husband.
