Iddat
Muslim Law
Dr. Tanmoy Mukherjee
[Advocate]
Iddat-
Tanmoy Mukherjee
[Advocate]
Definition-
Iddat is the period during which it is incumbent upon a woman, whose marriage has been dissolved by divorce or death of her husband to remain in seclusion and to abstain from marrying another husband.
Ammer Ali:
According to Ammer Ali, it is an interval which the woman is bound to observe between the termination, by death or divorce of one matrimonial alliance and the commencement of another.
Object of Iddat-
Status of Marriage with a Woman Undergoing Iddat-
Sunni Law- Marriage with a woman undergoing Iddat is irregular and not void.
Shia Law- Marriage with a woman undergoing Iddat is void.
Duration of Iddat-
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Iddat of widowhood- |
4 months and 10 days
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Iddat of pregnant woman-
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-Until delivery or miscarriage. - If delivery or miscarriage comes before 4 months and 10 days the remaining period will have to be observed.
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Iddat of Talaq- |
-If the woman is subject to menstruation the period of Iddat is three courses. -If the woman is not subject to menstruation the period of Iddat is three lunar months. -If the woman is pregnant at the time of divorce, the Iddat will not terminate till delivery or abortion.
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Iddat when marriage is irregular-
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-If the marriage has not been consummated, there is no Iddat. -If the marriage has been consummated, Iddat is to be observed.
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Iddat when the marriage is not consummated-
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-In the case of death, Iddat has to be observed. -In the case of divorce, there is no Iddat.
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Iddat when the husband had divorced his wife and has died before the completion of the iddat-
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The woman is bound to observe a fresh iddat for 4 months and 10 days from the date of the husband's death.
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Right and Duties of Observing Iddat-
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Restriction regarding another marriage-
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-The wife cannot marry another person until the expiration of the period of Iddat. -If the husband has four wives including the divorced one, he can't marry a fifth one until the expiration of the period of Iddat of the divorced wife.
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Payment of Dower-
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-The wife is entitled to deferred dower. - If the prompt dower has not been paid the wife is entitled to the immediate payment of it.
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Right of the wife to be maintained by the Husband-
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The husband is bound to maintain the wife during the period of Iddat.
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Right of Inheritance-
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If either party dies before the completion of iddat the other party is entitled to inherit from the deceased one unless before the death of the deceased the divorce became irrevocable. |
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