Definition and Meaning
The Iddat period under Muslim Law refers to a specific waiting period a Muslim woman must observe after the dissolution of her marriage, either by divorce or death of the husband, before she can remarry. The concept of Iddat is derived from the Qur’an (Surah Al-Baqarah, verses 228 and 234) and is recognized under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937. The purpose of Iddat is to ensure certainty of paternity, provide time for reconciliation, and to respect the sanctity of marriage. It is a religious as well as a legal obligation, binding on all Muslim women upon termination of marriage.
Duration and Legal Rules
The duration of Iddat depends upon the reason for the dissolution of marriage.
- If a woman is divorced, her Iddat lasts for three menstrual cycles or three lunar months if she is not menstruating.
- If she is pregnant, the Iddat continues until the delivery of the child (Qur’an 65:4).
- If the husband dies, the Iddat lasts for four months and ten days.
During this period, the woman cannot remarry or be compelled to leave her marital home. Violation of the Iddat period makes a subsequent marriage irregular (fasid). Thus, Iddat safeguards lineage and ensures emotional and social stability after separation or bereavement.
Legal and Social Importance
Iddat serves both religious and legal purposes in Muslim society. It allows time to confirm whether the woman is pregnant, ensuring clear inheritance and paternity rights. It also offers a period of mourning and reflection, particularly after the husband’s death. Under Indian law, maintenance during the Iddat period is a legal right of the woman as affirmed in Section 3(1)(a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The husband is bound to maintain his divorced wife during this period. Thus, the Iddat period harmonizes religious ethics with legal responsibility.
Real-Time Example
In Mohd. Ahmed Khan v. Shah Bano Begum (1985 AIR 945), the Supreme Court of India held that a Muslim husband is liable to maintain his divorced wife during the Iddat period and, if she cannot sustain herself, even beyond that under Section 125 of the CrPC. This case brought national attention to women’s rights under Muslim personal law, emphasizing that Iddat does not restrict a woman’s right to maintenance or dignity during and after divorce.
Mnemonic to Remember
“IDDAT = Identity, Duration, Divorce, Await Time”
- I – Identifies paternity and ensures lineage
- D – Duration varies by cause (divorce or death)
- D – Divorce: three cycles; Death: four months, ten days
- A – Await remarriage until period ends
- T – Time of maintenance and legal protection
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