Iddat, in Islamic law, is a waiting period a Muslim woman must observe after divorce or her husband’s death before remarrying. It serves to confirm paternity, allows for emotional healing, and respects societal norms. Duration varies: four months and ten days after a husband’s death, or three menstr
What is Iddat?
Iddat, an Arabic term meaning “counting,” is a significant concept in Islamic law. It refers to the mandatory waiting period that a Muslim woman must observe after the dissolution of her marriage, whether due to divorce or the death of her husband, before she can remarry. The primary purpose of this period is to determine if the woman is pregnant, ensuring clarity regarding the paternity of any child.
Iddat serves multiple purposes beyond determining pregnancy. It also allows a mourning period for the widow and protects her from societal criticism that might arise from remarrying too soon after her husband’s death. Islamic scholars view it as a period of balance, offering sufficient time for emotional healing while fulfilling religious obligations.
Under Islamic law, the rules regarding Iddat differ between Sunni and Shia traditions. In Sunni law, marriage during the Iddat period is considered irregular, while in Shia law, such a marriage is void.
Additionally, during Iddat, certain restrictions apply:
- A woman is prohibited from remarrying until the Iddat period is complete.
- During this time, a man interested in marrying a widow or divorced woman may express his intentions publicly, but no marriage contract should be made in secret or finalized until the period ends.
- After the Iddat period, a marriage contract can be arranged.
The Quranic verses (Al-Baqarah 2:234-235) emphasize the importance of Iddat, outlining that widows must observe the four-month-and-ten-day waiting period. It also mentions that husbands should make provisions in their wills for their wives’ maintenance during this time unless the wives choose to leave their homes voluntarily.
Duration of Iddat
1. Iddat Following the Death of the Husband
- When a woman’s marriage ends due to the death of her husband, the required waiting period (Iddat) is four months and ten days.
- If the woman is pregnant at the time of her husband’s passing, her Iddat extends until the birth of the child or four months and ten days, whichever is longer.
2. Iddat Following Divorce
- If a valid, consummated marriage is dissolved by divorce, the woman must observe an Iddat of three menstrual cycles.
- The divorce may occur through Talaq, Ila, Zihar, Khula, Mubarat, or under the Dissolution of Muslim Marriage Act, 1939.
- For women who are not subject to menstruation, the Iddat lasts for three lunar months.
- In cases where the marriage was not consummated, the woman is exempt from observing Iddat.
- If the woman is pregnant at the time of the divorce, the Iddat extends until the child is born or in the case of abortion.
3. Iddat in Case of Divorce and Husband’s Death
- If the husband dies during the woman’s ongoing Iddat following divorce, she must begin a new Iddat of four months and ten days, starting from the date of his death.
Commencement of Iddat
The Iddat period begins immediately after the death of the husband or the pronouncement of divorce. It does not depend on when the woman receives the information of the divorce or death.
If the woman learns about her husband’s death or the divorce during the prescribed Iddat period, she is required to observe Iddat for the remaining days. However, if she only receives the news after the Iddat period has already passed, she is not required to observe it retroactively.
In all cases, the commencement of Iddat is based on the actual date of the event, either the husband’s death or the issuance of divorce. Any lack of awareness on the part of the woman does not alter the start date or delay the requirement of observing Iddat.
Rules of Iddat
Certain restrictions apply to a Muslim woman during the Iddat period:
- She is prohibited from beautifying herself or wearing fancy clothing, including silk garments.
- She is required to stay at her husband’s house during the Iddat period, except in cases of necessity such as medical emergencies or if she is the sole breadwinner of her family.
- She is expected to mourn her husband’s death, praying and supplicating for his and her well-being.
Rights and Duties When Observing Iddat
The observance of Iddat carries certain rights and duties for the wife:
- Maintenance During Iddat: During the Iddat period, the husband is obligated to maintain the wife. This responsibility lies solely with him, and no other heirs are bound to provide for her.
- Prohibition on Remarriage: The wife is prohibited from remarrying during the Iddat period. Additionally, if the husband has four wives, he cannot marry another until the completion of the Iddat period of the divorced wife.
- Entitlement to Dower: If the wife is entitled to a deferred dower, it becomes due immediately upon the commencement of Iddat. If the prompt dower has not yet been paid, it must be settled during this period.
- Inheritance Rights: If either the husband or the wife passes away during the Iddat period, the surviving spouse retains the right to inherit from the other, provided the divorce had not yet become irrevocable at the time of death. In cases where the husband divorces the wife during illness and dies before the Iddat ends, the wife retains her right to inherit from him.
Prohibition of Marriage During Iddat
During the Iddat period, it is forbidden for the woman to marry or engage in sexual relations. The length of the Iddat period varies:
- In cases of divorce, it is three lunar months.
- In cases of the husband’s death, the period is four lunar months and ten days.
This prohibition serves multiple purposes: ensuring the clarity of parentage in the event of a pregnancy, allowing the woman time for reflection, and preventing hasty decisions regarding remarriage. Any marriage entered into during the Iddat period is considered void under Islamic law.
Maintenance During and Beyond Iddat
Under Muslim Personal Law, a woman is entitled to maintenance only during the Iddat period, which follows divorce or the death of her husband. This principle was notably challenged in Mohammed Ahmed Khan v. Shah Bano Begum[1], where the Supreme Court of India ruled that a Muslim woman could claim maintenance even after the Iddat period if she was unable to support herself. The decision was based on Section 125 of the Code of Criminal Procedure (CrPC)[2], which mandates that a husband with sufficient means must provide financial support to his wife if she is neglected.
This ruling faced strong opposition from conservative segments of the Muslim community, who viewed it as interference in religious law. In response, the Muslim Women (Protection of Rights on Divorce) Act was enacted in 1986, restricting a husband’s obligation to provide maintenance solely to the Iddat period. However, later legal interpretations affirmed that maintenance during Iddat should be fair and sufficient to sustain the woman beyond this period, particularly if she cannot maintain herself. In Daniel Latifi v. Union of India[3], the Supreme Court clarified that maintenance awarded to a divorced Muslim woman should be adequate to sustain her for life or until remarriage, thereby extending the husband’s responsibility if the woman is unable to support herself.
These legal developments illustrate the ongoing tension between religious freedom and individual rights within India, reflecting the broader debate over personal laws and the potential need for a uniform civil code.
[1] 1985 AIR 945.
[2] The Code of Criminal Procedure, 1973, s. 125.
[3] AIR 2001 SC 3958.