Iddat under Muslim Law

In Islamic personal law, Iddat is a deeply rooted concept that governs the period a woman must observe after the dissolution of her marriage, either due to the death of her husband or divorce. 

During this period, she is not allowed to remarry and is expected to live a simple, secluded life. Iddat is not just a religious ritual; it has strong legal consequences regarding remarriage, inheritance, and maintenance. Understanding the nature, duration, rules, and legal implications of iddat is essential for anyone studying Muslim law in India.

What is Iddat?

The term Iddat comes from the Arabic word meaning “counting.” In legal terms, iddat refers to the period a Muslim woman must observe after her marriage ends, either by divorce or the death of her husband. During this interval, she is prohibited from remarrying and must follow certain restrictions.

Purpose of Iddat:

• The main objective of iddat is to determine whether the woman is pregnant by her former husband, to remove any confusion about paternity if a child is born.
• Iddat also serves as a period of mourning for the woman and provides an opportunity for reconciliation in case of revocable divorce.
• It helps protect the dignity and honour of women in society.

Legal Perspective:

• Under Sunni law, marrying a woman who is still in her iddat period is considered irregular (fasid) but not completely void.
• Under Shia law, such a marriage is considered void (batil) from the beginning.

Duration of Iddat

The length of the iddat period depends on how the marriage was dissolved and the woman’s physical condition (pregnant or not). Here are the main scenarios:

Iddat after the Death of Husband

• The general duration is four months and ten days, starting from the date of the husband’s death.
• If the woman is pregnant at the time of her husband’s death, her iddat extends till she delivers the child, even if this period is longer than four months and ten days.

Iddat after Divorce

• If the marriage was valid and consummated, the iddat is three menstrual cycles.
• For women who do not menstruate (due to age or health reasons), iddat is three lunar months.
• If the marriage was not consummated, there is no iddat period. The woman can remarry immediately.
• If the woman is pregnant at the time of divorce, iddat lasts until she gives birth or has a miscarriage, regardless of the number of months.

Special Scenario: Divorce and Husband’s Death During Iddat

If a woman is divorced and her husband dies before her iddat (for divorce) is over, she must observe a new iddat of four months and ten days from the date of her husband’s death.

Commencement of Iddat

• Iddat begins from the date of the event—divorce or death of the husband—not from when the woman receives information about the event.
• If the woman receives information about her husband’s death or divorce after the specified period has passed, she does not need to observe iddat again.
• However, if only part of the iddat has passed when she gets the news, she must observe the remainder.

Rights and Duties During Iddat

Rights of the Woman

1. Maintenance:
   
   • The husband or his estate must provide for the woman’s maintenance during the iddat period, whether the marriage ended by divorce or death.
   • In case of divorce, the husband is bound to maintain the wife during iddat.
   • In case of death, the woman is maintained from the deceased husband’s estate.
2. Deferred Dower (Mehr): If the dower (mehr) was not paid at the time of marriage, it becomes immediately payable upon the dissolution of the marriage.
3. Inheritance: If either spouse dies during the iddat period and the divorce has not become final (irrevocable), the surviving spouse is entitled to inherit from the deceased. If the divorce was pronounced in illness and the husband dies before the iddat period ends, the wife is also entitled to inherit, unless the divorce was obtained at the wife’s instance.

Duties of the Woman

1. No Remarriage: The woman is strictly prohibited from marrying another man during iddat. Any marriage during this time is invalid under Muslim law.
2. Simplicity and Seclusion: She is expected to lead a simple life, avoiding adornment, jewellery, make-up, and colourful clothes. She should stay in the house where she lived at the time of her husband’s death or divorce unless there is a valid reason (danger or necessity) to leave.
3. No Socialising with Non-Mahrams: Interaction with men who are not close relatives (mahrams) should be avoided.

Rules of Iddat

• Iddat must be observed in the residence where the woman lived at the time of divorce or the husband’s death.
• The woman should not leave her home except in cases of necessity (for work, health, safety).
• She should avoid beautification and celebration during iddat, as it is a period of mourning and reflection.

Breach of Iddat Rules

• Leaving the home without valid reason, or remarrying before completing iddat, is a breach of Islamic law.
• Adornments and unnecessary socialising are also not allowed.
• Any marriage conducted during the iddat period is considered void or irregular, depending on the school of law.

Maintenance during Iddat

• Under Muslim Personal Law (Shariat) Application Act, 1937, a Muslim woman is entitled to maintenance during iddat after divorce.
• Section 125 of the Code of Criminal Procedure (CrPC) (now Section 144 of the Bharatiya Nagarik Suraksha Sanhitha, 2023) provides for maintenance to all divorced women, including Muslims, if they cannot maintain themselves.
• Muslim Women (Protection of Rights on Divorce) Act, 1986: The husband must make “reasonable and fair provision” for his divorced wife during iddat. If she is pregnant, this includes maintenance until the child is born.

Judicial Interpretation

• In Mohd. Ahmed Khan v. Shah Bano Begum (1985), the Supreme Court held that a divorced Muslim woman is entitled to maintenance under Section 125 CrPC if she cannot support herself after iddat.
• In Arab Ahemadhia Abdullah v. Arab Bail Mohmuna Saiyadbhai (1988), it was held that maintenance can be granted under Section 125 CrPC even after the iddat period, if the woman cannot support herself.
• Recent Supreme Court judgments (like Mohd. Abdul Samad v. State of Telangana, 2024) have reaffirmed that Section 125 CrPC (now Section 144 BNSS) applies to all divorced women, regardless of religion.

Conclusion

Iddat is a unique feature of Muslim personal law, serving legal, social, and ethical purposes. It safeguards the legitimacy of children, protects the dignity of women, and provides a period of reflection and mourning. Indian statutes and court decisions have clarified that women’s rights to maintenance during and after iddat are enforceable. However, criticisms related to gender discrimination and economic hardship persist, leading to ongoing debates about reform. Still, as of now, iddat remains a legally binding institution for Muslim women in India, reflecting the intersection of faith, law, and society.