What Is Iddat Period Under Muslim Law?

The concept of Iddat is very significant in Islamic law. Section 2 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 talks about the period of 'Iddat'. Upon the husband’s death, or divorce, or the termination of the marriage contract through Khul'a (divorce at the instance of the wife), or the annulment of the marriage by some other manner, the woman has to remain staying in one house for a specified period. Until this period expires, it is not permissible for her to go elsewhere. The act of passing this period is called Iddat. If the Iddat or waiting period is observed following the death of the husband, it is called 'The Iddat of Death'. If observed following Talaaq (Divorce), Khul'a (divorce at the instance of the wife) or for some other reason, it is called 'The Iddat o In this period woman has to remain in seclusion and abstain from marrying again. It can be often termed as a restriction on certain rights of Muslim women. The completion of Iddat makes Talaq irrevocable.

Definition of the Iddat Period

Section 2 of the Act defines the Iddat period in case of divorce as:

Iddat period means, in the case of a divorced woman,

(i) three menstrual courses after the date of divorce, if she is subject to menstruation;

(ii) three lunar months after her divorce, if she is not subject to menstruation; and

(iii) if she is enceinte at the time of her divorce, the period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is earlier.

Significance Of Iddat

Iddat is an important concept in Islamic law, and it serves several purposes. It provides time for the parties to reflect on their decision and, if possible, reconcile. It also ensures that the woman is not pregnant before entering into a new marriage, which is essential in Islamic law. In addition, Iddat provides a period of mourning for the woman and allows her to grieve the end of her marriage. It also serves as a cooling-off period for the parties, which can help prevent hasty decisions that may later be regretted.

Why Is Iddat Observed?

(i) Ascertainment of Pregnancy or Child’s Parentage: The iddat period helps determine whether a divorced or widowed woman is pregnant, avoiding confusion about the child’s parentage if she remarries. While this was necessary historically, modern technology can now easily detect pregnancy and confirm paternity. Therefore, continuing this practice solely for religious reasons may be seen as outdated, especially as it can infringe on a woman’s right to choose her life partner.

(ii) Opportunity for Reconciliation: In Islam, marriage is highly valued, and iddat is seen as a time for potential reconciliation between spouses. However, divorce laws under Muslim law disproportionately favor husbands, allowing them to divorce without reason, while the wife must observe iddat, during which she cannot remarry. This unequal treatment may violate fundamental rights under Articles 14, 19, and 21 of the Indian Constitution.

(iii) Period of Mourning for a Deceased Husband: Iddat also serves as a mourning period for widows, preventing rash decisions during a vulnerable time. However, societal pressure plays a significant role in enforcing this, as remarriage soon after a husband's death can lead to ridicule. Even if the marriage was not consummated, the widow must observe the mandatory iddat, showing how societal and religious norms often override personal choice.

Commencement of Iddat

The iddat period starts right after the death of the husband or after the divorce of the Muslim wife. Despite her ignorance to observe iddah, it would not be held due or affected in anyway.

1. If she didn’t receive the news on time of her husband’s demise but got to know about it within the prescribed iddah period, then she is obliged to observe it for the remaining days of the iddat period.

2. In case she receives the news at a later stage when the iddat period has already passed, she is not bound to experience it. The time counts from the time of the husband’s demise or the time when divorce is given.

3. Under Shia law, if a woman is not of the age of childbearing (old or before reaching puberty) or if her menstruation is irregular or absent, then it is not required to observe iddat. A marriage with a woman undergoing iddat is irregular, not void.

Period of Iddat

In Case Of Dissolution Of Marriage By Divorce

1. If the marriage is dissolved by divorce and the consummation has taken place, the duration of the iddat period is three months. It is felt by the jurists that at least three menstrual cycles are essential to observe whether a woman is pregnant or not and as a menstrual cycle takes place once every month, the duration is three months. And if during this time she becomes pregnant her period of iddat would extend till the delivery of her child.

2. If a marriage is dissolved and consummation has not taken place, the divorced woman is not required to observe iddat as there is no chance of her being pregnant.

3. If the divorced woman is pregnant at the time of divorce, her iddat period continues till the delivery of the child.

In Case Of Dissolution Of Marriage By The Death Of The Husband

1. If a marriage is dissolved by the death of the husband, the widowed wife has to observe iddat for four months and ten days. In this case, it does not matter whether consummation took place or not. 

2. If the woman in this period becomes pregnant, then her iddat period extends till the delivery of her child.

Death Of Husband During Iddat (Where Iddat Was Due To Divorce)

In the case where a woman is divorced by her husband and is observing divorce, an iddat of three months will be observed. If during this time her husband dies, she has to observe a fresh iddat of four months and ten days from the day of the death of her husband.

Maintenance During Iddat

During the period of iddat, the wife is not entitled to claim maintenance out of her husband’s estate as she is herself an heir to it. This is because the liability of maintaining the wife lies only on the husband and not on the other heirs.

In 1985, the Supreme Court of India ruled in the Shabana Bano v. U.O.I. that a divorced Muslim woman was entitled to maintenance from her ex-husband, even after the expiration of the iddat period (three months of waiting after the divorce). This decision was based on the Muslim Personal Law, which permits maintenance only during the iddat period.

The ruling was met with strong opposition from conservative Muslims, who argued that it violated their religious beliefs and that the court had no authority to intervene in matters of personal law. The Indian government, under pressure from the Muslim community, passed the Muslim Women (Protection of Rights on Divorce) Act, which overruled the court’s decision and restricted maintenance to the iddat period.

The Shah Bano case is significant because it highlighted the tension between individual rights and religious freedom in India. It also sparked a wider debate on the need for a uniform civil code that would apply to all citizens, regardless of religion.

Prohibition Of Marriage During Iddat

One of the restrictions during iddat is that a woman is prohibited from remarrying or engaging in sexual intercourse until the completion of the iddat period. The length of the iddat period varies depending on the circumstances. In the case of divorce, the iddat period is three lunar months (whichever is longer). In the case of the death of a husband, the iddat period is four lunar months and ten days.

The prohibition of marriage during the iddat period serves several purposes. Firstly, it ensures that any child born after the divorce or death of the husband is not attributed to the new husband. Secondly, it allows the woman time to reflect on her situation and consider her options. Finally, it helps to prevent any hasty decisions that may be made in the immediate aftermath of a divorce or the death of a husband.

It is important to note that the prohibition on marriage during the iddat period is only applicable to women. Men are not subject to any similar restrictions. Once the completion of the iddat period, the women can lawfully enter into a contract of second marriage. If a marriage is done during the period of iddat, is not recognised in Islamic law and is considered to be void.

Importance Of Iddat For Maintenance Rights

Under Muslim law, a husband is obliged to maintain his wife only till the iddat period if the dissolution of marriage takes place, and, in the case of a widowed wife, the responsibility of maintenance of the widow lies on her heirs who will inherit her property.

Furthermore, Section 3(1)(a) of the Muslim Women Act created ambiguity because of which several High Courts found the practice of iddat constitutionally valid by reiterating that they have maintenance right till iddat period only. Most importantly it can be observed that Andhra Pradesh HC construed the word “within” in the narrow sense by stating that the obligation of maintaining a wife by husband remains till the iddat period only, while on the contrary Gujarat HC interpreted “within” by stating that the husband’s responsibility extends to taking care of wife’s present as well as future needs, and thus, the amount of maintenance of wife after completion of iddat should be paid “within” the iddat period itself, and it has been further upheld by the Supreme Court.

Lastly, in Shabana Bano v. U.O.I., the Supreme Court substantially deviated from the principle of Mohammedan law by adjudicating that the divorced wife has the right to claim for maintenance even after completion of iddat period vide Section 125 of the CrPC. The inference that can be construed is that it diluted the importance of the iddat period for maintenance rights.

Conclusion

Iddat is a practice that Muslim women perform to ascertain pregnancy and parentage of a child born of such pregnancy. According to the Muslim Personal laws, a husband is required to maintain his wife only during the iddat period and after the commencement of iddat, the woman is on her own. In the Shah Bano case, the Supreme Court went against the convention and allowed for maintenance even after the iddat period. Due to this, there was furore in the Muslim community and a new law, Muslim Women Law, 1986 was adopted to nullify the decision of the Shah Bano case. Further, this act had its controversy in the High Court but the Supreme Court settled the law by interpreting it in favour of the wife.