What To Do After Divorce

- 03.24

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In Islam, iddah or iddat (Arabic: ???????; period of waiting) is the period a woman must observe after the death of her spouse or after a divorce, during which she may not marry another man. Its purpose is to ensure that the male parent of any offspring produced after the cessation of a nikah (marriage) would be known. The length of iddah varies according to a number of circumstances.

The iddah of a woman divorced by her husband is three monthly periods, unless she is pregnant in which case the 'iddah lasts until she gives birth, or unless the marriage was not consummated in which case there is no `iddah, or unless she does not menstruate, in which case "the scholars say that she should observe an 'iddah of a full year, nine months for pregnancy and three months for 'iddah."

For a woman whose husband has died, the `iddah is four lunar months and ten days after the death of their husbands, whether or not the marriage was consummated.

Islamic scholars consider this directive to be a balance between mourning of husband's death and protecting the widow from criticism that she might be subjected to from remarrying too quickly after her husband's death. This is also to ascertain whether a woman is pregnant or not, since four and a half months is half the length of a normal pregnancy.

Husbands should make a will in favor of their wives for the provision of one year's residence and maintenance, unless the wives themselves leave the house or take any other similar step.


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Qur'an


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Iddah for widow

The directive of the Qur'an regarding the waiting period of a widow, is as under.

The following is a summary of the main directives entailed in these verses:

  1. The waiting period (Iddah) of a widow is four months and ten days;
  2. During this period, the woman is not to marry another man;
  3. During this period, a person may declare his intentions of marrying the widow - in a socially acceptable manner - or he may keep such intentions to himself, yet he should not make a secret commitment of marriage with the widow; and
  4. The time and place of the marriage-contract should be finalized and committed to only after the period of four months and ten days has expired.

These are the basic directives of the Sharia regarding the waiting period of a widow. It is also clear from another directive of the Qur'an that during this waiting period, the woman should not be turned out of her house.


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Iddah for divorced woman

Quran states:

Divorced women should keep themselves in waiting (before remarrying) three cources; and it is not lawful for them to conceal what God has created in their wombs, if they believe in God and last day; and their husbands have more right of taking them back during this, if they want reconciliation; they have (rights) similar to against them and men are a degree above them; and God is mighty and wise

(Al-Quran 2:228)

In surah Al-Ahzab it is stated:

O ye who believe! When ye marry believing women then divorce them before touching them then there is no iddah, you have reckon with.

(Al-Quran 33:49)

The Quran surah (Chapter) 65, entitled "At-Talaq" meaning "The Divorce" states

The following is a summary of the main directives entailed in these verses:

  1. The waiting period of a woman after menopause (no longer having her menstrual cycle) is three months;
  2. The waiting period of a girl who has not had her menstrual cycle is three months;
  3. The waiting period for a pregnant woman is until after they deliver the child.

Commentaries of the Quran, including the most respected Sunni commentary: -

Rulings from Islamic scholars (fatwas): -


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Interpretation

Muslim jurists and thinkers have generally construed this additional purpose entailed in the prescription of the waiting period for widows to be that of the widow's 'mourning' her deceased husband. The prescription of a specified 'waiting' or 'mourning' period is for the purpose of safeguarding the woman against defamation, slander and ill-repute in society. In Pakistan waiting period for divorcee is 90 days. And for widow is 130 days. However pregnant divorcee or widow have to wait until pregnancy or miscarriage.

It is specifically for this purpose that others are directed against making a 'secret' commitment of marriage with the widow or deciding about the time and place of the marriage-contract, during the prescribed period. It is reported that Muhammad advised widows to be extra modest in their appearance and to even refrain from wearing any fragrance, during this period. All these directives and advice seem to point to the fact that a woman should not only be but also appear to be in a state of mourning so that her social circles do not get a chance to say a negative word about her.

No other restrictions apply to a widow during her waiting period.

Source of the article : Wikipedia



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