When is the observance of iddat necessary?

Question: When is the observance of iddat necessary?

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Answer

It is observed that when immediately after marriage, before consummation, or before galwat saheeha (i.e., such privacy between husband and wife where there exists no impediment from sexual intercourse), the husband divorces his newly wedded bride. In this case, there is no iddat since there exists no possibility of her being pregnant. This ruling has been taken from verse 49 of Surah Ahzaab. However, if the husband acknowledges that at some stage he did indulge in sex with his bride, it will be necessary for her to observe the iddat because now consummation has been established through their own confession.

If consummation has taken place, the wife is bound to observe the iddat. According to Section 2(b) in The Muslim Women (Protection of Rights on Divorce) Act, 1986, "iddat" is mandatory under which the divorced or widowed wives have to observe certain restrictions throughout the period. Section 2(b) of the 1986 act prescribes the iddat period to be mandatorily followed in three different scenarios. The provision runs down as below:

 "iddat period" means, in the case of a divorced woman,—

(i) three menstrual courses after the date of divorce, if she is subject to menstruation;

(ii) three lunar months after her divorce, if she is not subject to menstruation; and

(iii) if she is enceinte at the time of her divorce, the period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is earlier."

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