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IDDAH AND ITS PERIODS

 

 IDDAT AND IT’S DIFFERENT PERIODS


IDDAT: >>> Arabic>>> Number or counting.

 

Definition:

Iddat is a period (waiting period) which a woman observe after divorce or death of her husband.

 




Object:

Ø To check pregnancy in case of divorce.

Ø To mourn in case of death of husband.

 

 

Periods of iddat:

A) For widow:

 

There are two situations involving widow.

1.    If she is pregnant her iddah period is until she delivers the child or four months and ten days whichever is longer..

 

2.    If she is not pregnant her iddah period is four months and ten days. (even if she is below the age of puberty or even if the marriage was not consummated).

 

B)  For Divorced Women:

Two situations arise in case of divorced women:

1)   When the marriage was consummated

 

(a)          if the divorced women mensturate, then she will observe iddat period for three menstrual cycles.

(b)          If she does not mensturate, then there are two possibilities: either she is pregnant or she is having some medical problem.

Ø If pregnant, then she will observe iddat till the birth of her child.

Ø If having medical problem, then she will observe iddat for three lunar months.

 

 

 

2)   When the marriage was not consummated:

When the marriage was not consummated then the divorced women will not observe the period of iddat.

 

(1992, SCMR, 1273 Federal Shariat Court: Minimum period of iddat can be 39 days)

 

 

DEATH OF THE HUSBAND DURING IDDAT:

If a woman was observing iddat due to divorce and the husband does before the completion iddat period, in such a situation, the woman will start fresh iddat for four months and ten days. However, she will be entitled to her share in husbands’ property.(i.e in such a situation, Islamic law presumes the divorced women as the widow of her deceased husband).

 

Commencement of iddat period:

The iddat period starts from the date of divorce or death and not from it’s(divorce or death) knowledge to the wife.

 

Effects of marriage during iddat:

Ø According to Sunni law, marriage during iddat is considered to be irregular.

Ø According to Shia law, marriage during iddat is void.

(Sexual relationship between husband and wife, in such cases, accounts to Zina).

 

Iddat of the husband:

If a man is having four wives at a time and if he divorces one of his wives and intends to contract another marriage. In such a case, the husband has to wait until the divorced wife observe and complete her iddat period. Then the man (husband) can contract another marriage.

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