Death of husband during iddat (when iddat was due to divorce) ii) If the divorced woman does not go through the menstrual period, she must observe the iddat for three lunar months. Thus, the Supreme Court ruled on the Muslim Women`s Maintenance Act, stating that a divorced woman is entitled to compensation even under IDDAT if she fulfills two grounds – in the case of A.A. Abdulla v.A.B. Mohmuna Saiyadbhai, the Supreme Court of Gujarat interpreted the Muslim Women Act differently from previous judgments, creating great controversy in the implementation and interpretation of the said law. The High Court ruled that a divorced Muslim woman has the right to claim maintenance from her husband beyond the IDDAT period. The court also interpreted the word “within” in section 3 (1) of the Muslim Women Act. The court ruled that the husband must pay alimony for the present and future of his divorced wife, even after iddat and during the time of iddat. If a marriage is dissolved and no consummation has taken place, the divorced woman is not obliged to follow the iddat because there is no chance of being pregnant. However, some scenarios are neglected by this law because in the case of an unconsummated marriage, a wife is not subject to compliance with the IDDAT deadline. [2] And if the wife is widowed,[3] then she is obliged to observe iddat for 4 months and 10 days from the date of death of her husband, consummation of marriage is presumed in these cases.
Moreover, in the divorce of Talaq-i-Ahasan, IDDAT immediately begins to promulgate the Talaq, and once it is completed, the Talaq is considered final,[4] and during the IDDAT period, both husband and wife abstain from sexual intercourse. Thus, in this form of divorce, iddat does not begin after a divorce, but on the contrary, it is only when the iddat period is over, that talaq is considered definitive. [5] LawSikho has established a telegram group for the exchange of legal knowledge, recommendations and various possibilities. You can click on this link and register: Determination of pregnancy of widowed or divorced woman (in both cases of death of husband and divorce): This reason is one of the most important reasons, because if there is no IDDAT period and the widowed or divorced woman marries another man or is consumed during this period and becomes pregnant, It would be difficult to determine the father of the child. Thus, the observance of such a period ensures that there is no confusion in the child`s filiation. If the divorced woman is pregnant at the time of divorce, her IDDAT period lasts until the birth of the child. It can be observed that the practice of iddat in ancient times could be of considerable value because of the lack of scientific progress in determining a woman`s pregnancy at an early stage or the filiation of a child in the event of remarriage. But with advances in science, such things can easily be determined without forcing them to accept submission in the name of religious norm.
In Islam, iddat is the term “by the consummation of which a new marriage is made lawful.” This is the period during which a woman is obliged after the death of her husband or after divorce. During this time, she is not allowed to marry. The reasons for respecting IDDAT are as follows: The court also interpreted the law very differently. They interpret the term “in” in section 3 (1) (a) of the Act with a “just and reasonable determination” and therefore interpret it as meaning that the maintenance is just and reasonable, that it cannot be within the IDDAT period and must exceed it and must take place within the IDDAT period. And even if the marriage between the deceased husband and the widowed wife has not been consummated, he must comply with the iddat within the prescribed period. But, as already mentioned, marriage consummation is important in deciding the IDDAT period in case of dissolution of marriage by divorce/talaq. [15] It can therefore be said that if the widowed wife respects the iddat, social and religious norms take precedence over the widow`s personal needs.