Skip to main content

IDDAT

 IDDAT

By: Robin Pandey                                                                        Date: 14/03/2022

lddat is an Arabic word and its literal meaning is 'counting. Counting' here means counting the days of possible conception to ascertain whether a woman is pregnant or not. Under Muslim law, it is that period during which a woman is prohibited from re-marrying after the dissolution of her marriage. During this period the widow or a divorced wife is required to live a pure and simple life. The object of Iddat is to ascertain the paternity of a possible conception by her former husband. After divorce or death of the husband, if the woman re-marries immediately and a child is born within normal course, then there is every likelihood that the conception could be by the former husband and not by the present. It would be difficult, therefore, to establish as to who may be regarded as the father of such a child. To overcome this difficulty, Muslim law provides that where a marriage is dissolved (by divorce or death of the husband), the woman cannot re- marry before the expiry of a specified period called lddat. After this period, the possible conception by the former husband would naturally become apparent and visible. 

Marriage with a woman who is observing lddat is irregular under Sunni law. Under Shia law, the marriage contracted with woman observing lddat is void.

Different periods of lddat, which a woman is legally required to undergo, are given below:

(a) Dissolution of Marriage by Divorce

(i) When a valid marriage is dissolved by divorce and consummation has taken place, the duration of Iddat is three monthly courses. Divorce may take place by Talaq, lla, Zihar, Khula, Mubarat or under Dissolution of Muslim Marriages Act, 1939. If the woman is not subject to menstruation, this period is three lunar months. 

(ii) If the marriage has not been consummated, the woman is not required to observe the Iddat. 

(iii) If the woman is pregnant at the time of divorce then the duration of lddat extends till delivery of the child or abortion.

(b) Dissolution of marriage by Death of Husband 

(i) Where a valid marriage dissolves by the death of the husband, the duration of lddat is four months and ten days. If she is pregnant at the time of husband's death, it continues till the delivery of the child, or four months ten days whichever is longer. 

(ii) After the death of the husband, an Iddat of four months ten days must be observed by the widow even if the marriage was not consummated.

(c) Death of Husband During 'divorce-lddat’

The period of Iddat after divorce is three months. If the divorced woman is observing divorce-iddat of three months and her former husband dies before completion of three months, she has to start a fresh Iddat of four months and ten days from the date of husband's death. For example, where after completion of two months of divorce-iddat the former husband dies the divorced woman has to observe a fresh iddat of four months ten days. Thus, the total period of lddat in such case shall be five months ten days. 

(d) Commencement of Iddat The period of Iddat begins from the date of the divorce or death of the husband and not from the date on which the woman gets the information of her divorce or of the death of her husband. If she gets the information after the expiry of the specified term, she need not observe the required lddat.

Shia Law 

(i) A generally accepted tradition among the Shias is that lddat is not necessary if the woman is past the age of child bearing or has not attained puberty or if her menstruation is irregular or absent. 

(ii) Under Shia law, the marriage with a woman observing Iddat is void. 

Valid Retirement 

Under Sunni law if the husband and the wife are together for sometime in privacy and there is no social, moral or legal restriction in their intercourse, they are said to be in valid retirement (Khilwatus-Sahiha). If there is a valid retirement, it is presumed that actual consummation has taken place. Valid retirement is treated as equal to the actual consummation for purposes of dower, paternity of the child, certain prohibitions in marriage etc. and also for purposes of the observance of Iddat. 

Under Sunni law, therefore, divorce-iddat is necessary even if actual consummation could not be proved but a valid retirement has been established. 

Shia law-Under Shia law, valid retirement is not recognised; it is not regarded as equivalent to the actual consummation. Accordingly, if the marriage dissolves by divorce, the divorced wife is required to observe Iddat only where actual consummation has taken place.

Husband prohibited from remarrying during lddat 

The object of Iddat is to ascertain any possible conception from the former husband. The woman who has been divorced, is therefore, not free to remarry immediately. On the other hand, the husband need not wait and he is free to remarry immediately after the divorce. But in an exceptional situation, the husband is also prohibited from remarrying during the Iddat of his divorced wife. If a husband has four wives at a time and he divorces any one of them, then he is prohibited to marry again before the expiry of the term of lddat, which his divorced wife is undergoing.


Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti