Iddat under Muslim Law
Iddat under Muslim Law
1. Definition and Purpose of Iddat
Iddat (or ‘iddah’) is a prescribed waiting period that a Muslim woman must observe after the dissolution of her marriage, either by death of her husband or divorce.
The primary purposes of iddat are:
To determine whether the woman is pregnant, which affects lineage and inheritance.
To provide a period of mourning.
To allow reconciliation in case of divorce.
2. Duration of Iddat
The duration depends on the circumstances:
| Situation | Duration of Iddat |
|---|---|
| Death of husband | 4 lunar months and 10 days |
| Divorce (revocable) | 3 menstrual cycles (if menstruating) |
| Divorce (irrevocable or after menopause) | 3 lunar months or 90 days |
| Woman incapable of menstruation (young/unmarried) | 3 lunar months |
| Pregnant woman | Until delivery of the child |
3. Types of Divorce and Iddat
Revocable Divorce (Talaq Raj’i): Husband can revoke divorce during iddat.
Irrevocable Divorce (Talaq Ba’in): Divorce cannot be revoked during iddat.
Iddat serves as a period for possible reconciliation, especially in revocable divorce.
4. Rules and Conditions
The woman must remain in her matrimonial home during iddat.
She should not marry another man during this period.
She should not remarry until iddat is completed.
The woman is entitled to maintenance during iddat.
5. Significance of Iddat
Establishes certainty about lineage of a child.
Provides a period of reflection and potential reconciliation.
Respects social and emotional aspects of marriage dissolution.
6. Case Law Illustrations
1. Tahira Bibi v. Mostafa Hussain (AIR 1940 PC 139)
The Privy Council clarified that the iddat period must be observed strictly according to Muslim personal law, emphasizing its importance in confirming pregnancy and lineage.
It held that the purpose of iddat is to protect the rights of the child born after dissolution of marriage.
2. Shamim Ara v. State of U.P. (2002) 7 SCC 518
Though broadly about Muslim divorce, the Supreme Court emphasized the importance of observing iddat and maintenance during iddat.
It reinforced that iddat is a mandatory waiting period with legal consequences.
7. Effect of Non-Compliance
If a woman remarries before iddat ends, the subsequent marriage is not valid.
The period is crucial for the preservation of family lineage.
Failure to observe iddat can create confusion about the paternity of children.
8. Conclusion
Iddat is an essential institution under Muslim law protecting family, lineage, and rights of the parties involved.
It varies based on circumstances of dissolution and the woman’s biological conditions.
Courts uphold the observance of iddat and ensure maintenance rights during the period.
Iddat balances religious duties with social and legal concerns.
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