Concept of Iddat under muslim law

 

Q. 5 . What do you understand by Iddat? Discuss the incidents, rights and duties of the parties during Iddat period?

 

Ans.       Meaning of Iddat

'Iddat' literally means 'numeration' and 'Uddat' means preparation for an object'. In law it means 'waiting for an opportunity which a man or a woman has to do on account of something which causes one to wait for Iddat, in Mohammedan law signifies the period of probation which a woman has to observe on the dissolution of her marriage (or death of husband). Iddat is a period of probation that a woman has to undergo when her marriage has been dissolved, after consummation, by the divorce of any kind or on the death of her husband.

Definition of Iddat.-   Ameer Ali says that "It is an interval in which the woman is bound to observe between the termination, by death or divorce of one matrimonial alliance and the commencement of another." Iddat is the period during which i is incumbent upon a woman, whose marriage has been dissolved by divorce or husband's death, to remain in seclusion and to abstain from marrying another husband.

 

A Muslim marriage is not finally dissolved for all purposes immediately on death or divorce but even after such dissolution, it continues to be effective for certain purposes, one of the purposes being to ascertain whether the wife is pregnant by her husband as to avoid confusion of the parentage of the child born in her womb. Ascertainment of pregnancy being the sole object, Iddat need not be observed when the marriage remains unconsummated except in the case of valid marriage where the dissolution has been caused by death.

 

Under Hanafi Law

 

In case of the marriage was irregular and no consummation had taken place them, under Hanafi law, there is no need to observe iddat, of death, but if an irregular marriage was consummated, iddat has to be observed. The period of iddat due to the death of husband commences from the date of death. If the information of death does not reach the wife until after the expiration of the period of iddat, she is not bound to observe iddat.

If a valid marriage was not consummated and was dissolved by divorce there would be no iddat and the woman is free to marry another husband immediately.

 

Under Shia Law

 

If a wife is under nine years who is in her menopause need not to observe iddat, even though marriage is consummated. She may remarry after divorce immediately. Divorced wives of above nine years and who have been divorced during their pak period, iddat would terminate after she sees menstrual blood for the third time. This would be done only in cases where the marriage was consummated, in case of unconsummated marriage divorced wife is free to remarry another husband immediately. In case the woman is not menstruating she would observe iddat for three lunar months. Pregnant woman's iddat lasts till the birth or the miscarriage. Time of iddat would start the moment formula of talaq was pronounced, irrespective of whether wife knows about it or not. Period of iddat of widowhood is the same as under Hanafi law.

 

The Law of Divorce (compiled by All India Muslim Personal Law Board in 'Compendium of Islamic Laws') provides the Rules of iddat thus:

 

 

Incidents, rights and duties of the parties during Iddat

 

1. The wife cannot marry with another person 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 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. On the death of the husband or the wife, the surviving party is entitled to inherit the property of the deceased during Iddat, provided the divorce has not become irrevocable.

 

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 for the payment of her whole deferred dower and if the prompt dower has not yet been paid it also becomes immediately payable.

 

8. In case the husband has pronounced divorce in death illness and he dies before the completion of the wife's Iddat the wife is entitled to inherit from him even if the divorce has become irrevocable unless the divorce has been pronounced by the husband at the request of the wife.

 

Duration of Iddat

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

1. Iddat in valid marriage

 

(a) In case of divorce.-

(1) If the wife is subject to menstruation, the period of Iddat is three menstrual courses.

 

(2) If she is not subject to menstruation, the period is three lunar months.

 

(3) If she is pregnant, she has to observe Iddat till delivery or abortion..(Jhandu v. Hussain Bibi, (1923) 4 Lah 192)

 

(4) If marriage is not consummated, she is not bound to observe Iddat.

 

(b) In case of death of the husband. In case of death of the husband, the wife is to observe Iddat for a period of 4 months and 10 days or till the delivery, or abortion, whichever is longer, irrespective of the fact whether the marriage is consummated or not.

 

If the husband dies while the wife is observing Iddat of divorce, a fresh Iddat of death will be observed by the wife from the date of the death of the husband.

 

The computation of Iddat commences from the date of divorce in case of divorce or from the date of death of the husband. In case of information of divorce or death of the husband does not reach the wife before the expiry of the period of Iddat, she is not bound to observe Iddat.

 

2. Iddat in irregular marriage

 

The period of Iddat in case of irregular marriage is three lunar months or three menstrual courses whether the marriage is terminated by sepration or by death of husband,

Q. A Mohammedan husband becomes a convert to Christianity. The wife then marries another man before expiration of the period of iddat. State, if she is guilty of bigamy under section 498, IPC.

Section 4 of the Dissolution of Muslim Marriage Act, 1939 applies to the case of apostasy from Islam of a married Muslim woman and apostasy of the Muslim husband would still operate as a complete and immediate dissolution of the marriage.

In the present case, apostasy from Islam of the husband operates as an immediate dissolution of marriage and the wife is free to remarry without observing iddat. Thus, she is not guilty of bigamy under section 494, IPC.

 

References

 

Muslim Law in India—Tahir Mahmood

Family law S.R Myneni`s

 

: https://www.thedailystar.net/law/2004/01/01/queries.htm

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