Divorce (4/5)

The lddah

* The iddah, the interval of time which a woman must observe after divorce or after the death of her husband, before she can remarry. The iddah is obligatory on every woman upon divorcement or widowhood.

The Purpose of the Iddah

1- To determine the purity, of the uterus as well as the paternity of the offspring.

2- To provide a space of time during which reconciliation may take place…

3- To impute great importance to marriage, having it consummated by conditions, and dissolved by a waiting period and after contemplation.

4- Paying due respect to spousal relationship that the woman may not remarry another before a waiting period.

5- There is no iddah due on a woman who is divorced before cohabiting with her husband. But if her husband has died before cohabiting with her, she would have to observe an iddah of four months and ten days to pay homage to her husband, and in recognition of his right.

There are Six Categories of Mu'taddat:[1]

1- A pregnant woman, whose husband has died, or she is divorced, or her marriage contract has been nullified, her iddah ends with childbirth. The shortest pregnancy period is six months from the date of marriage, and nine months in most cases.

2- A widow, if she is pregnant, her iddah lasts until childbirth, but if she is not, she would observe the iddah of four months and ten days during which pregnancy can be determined.

3- A woman who is separated from her husband by divorce, khal’, or marriage annulment while she is not pregnant, her iddah is three menstrual periods.

4- A woman who is separated from her husband but did not reach the age of puberty, her iddah is a period of three months.

5- A woman whose menstruation ceased to continue without knowing the reason, her iddah is a full year, nine months for pregnancy, and three months for regular iddah.

6- A wife of a missing husband, should wait for four years before observing the iddah like that of a widow, four months and ten days from the date of his missing.

* If after the waiting period and the iddah, the wife of a missing husband was married, if her missing husband came back before cohabiting with the second, she would belong to the first, but if he returns after she has cohabited with the second husband, the first husband would have the choice of either taking her back after concluding her iddah, or forgoing his right and retrieving the dowry he gave her.

* It is permissible for a woman to take contraceptive pills if she is too weak to bear children, or if pregnancy endangers her health, if her husband allows her to do so. But using contraceptives because of dislike of children, or for fear of expenses or the like, is unlawful.

* It is permissible for the woman to take medicine to stop her menstruation as long as it does not endanger her health.

* The iddah of a woman married by an improper or doubtful contract, or who committed fornication must observe an iddah just like that of a divorced woman, whether she is married or not.

* It is obligatory on a widow to observe mourning throughout her iddah. Mourning is the abstaining from the wearing of ornaments, the use of make-up and perfumes, the dye (henna) for the hands, and all other means of attracting men. If she neglects the observance of mourning, she would be sinful.

* The iddah period must be spent at home. But if she is moved out by force or out of fear, she may spend her mourning period anywhere she wishes and she may also go out if she has to.

* A woman observing her iddah as a result of revocable divorce, she is entitled to alimony and lodging, for she still enjoys the status of a wife. But if she is observing iddah as a result of an irrevocable divorce; if pregnant, she would be entitled to alimony until delivery. Otherwise, she would be entitled to neither alimony nor lodging.

 (Continued)