Concept of Iddat

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.