Rulings on Iddat / Iddah (Waiting Period) – Dr. Mohammad Najeeb Qasmi (English)

The Clear Evidence

The Clear Evidence

A lady asked:

Can you please share some information (in the light of Quran’O Hadith) regarding Iddat both in case of Khula and in case of Talaq? Will be thankful to you.

Answer by Dr. Mohammad Najeeb Qasmi

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

اَلْحَمْدُ لِلّهِ رَبِّ الْعَالَمِيْن،وَالصَّلاۃ وَالسَّلامُ عَلَی النَّبِیِّ الْکَرِيم وَعَلیٰ آله وَاَصْحَابه اَجْمَعِيْن۔

Issues of Iddat (Waiting Period)

Meaning of Iddat: literally, the meaning of “Iddat” is to count, whereas “Iddat” in the Islamic Shari’ah, is a fixed period within which the wife, due to the death of her husband, or divorce/repudiation (redemption) that results in the separation of both the spouses, is bound to observe some legitimate provisions. Owing to difference in natural conditions of a woman, waiting period is varied, whose detailed discussion is mentioned below.

Legal Status of Iddat (Waiting period): In the light of the Qur’an and Sunnah, the Muslim Ummah is agreed that because of death of husband, or divorce or repudiation (redemption) and consequently being husband and wife separated, Iddat (waiting period) is obligatory (enjoinment) on the wife.

The waiting period is obligatory for two reasons:

1. Death of husband:
2. Divorce or (Repudiation) Redemption:Iddat (waiting period) is the pursuit of pleasure and contentment of Allah the Exalted. As, because the obedience of Allah’s commands is worship and worship is a means for nearing to Allah.
   The most important purpose for enjoinment of Iddat is to ascertain the fact that there is no effect of the former husband in the uterus, so that no doubt should be there in the child’s ancestry.
   Since marriage is a great blessing of Allah, this is why, upon its breakage, Iddat (waiting period) becomes due.
   For knowledge and cognition of lofty goal of marriage, Iddat has been obligated, so that it is not considered a child’s play by a man.
   Due to the death of husband, a gap and vacuum which is created in the home and family, Iddat is made obligatory for wife to keep his remembrance for some more time.
   

In case, the wife is not pregnant and her husband dies, then her Iddat (waiting period) will be 4 months and 10 days, whether she is menstruating or not, whether she has genuine sexual intercourse or not, as Allah the Almighty says in the holy Qur’an: وَالَّذيْنَ يُتَوَفَّوْنَ مِنْكُمْ وَ يَذَرُوْنَ أَزْواَجاً يَّتَرَبَّصْنَ بِاَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَّ عَشْراً And those who are taken in death among you and leave wives behind – they, (the wives, shall) wait four months and ten (days). (Baqarah 234).

If the wife is pregnant at the time of her husband’s death, then the waiting period will end upon the delivery of the baby, whether its period would be less than four months and ten days or more than that. As Allah the Exalted said in the holy Qur’an: وَأُوْلاَتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَّضَعْنَ حَمْلَهُنَّ (al-Talaq: 4), and for those who are pregnant, their term is until they give birth.

Continue Reading: Rulings on Iddat / Iddah (Waiting Period) - Dr. Mohammad Najeeb Qasmi (English, Urdu)