Heena, a Muslim widow, re-marries within 30 days of the death of her husband. Justify it.
Find the question and answer of Muslim Law only on Legal Bites. [Heena, a Muslim widow, re-marries within 30 days of the death of her husband. Justify it.]
Question: Heena, a Muslim widow, re-marries within 30 days of the death of her husband. Justify it. [UPJS 2013]Find the question and answer of Muslim Law only on Legal Bites. [Heena, a Muslim widow, re-marries within 30 days of the death of her husband. Justify it.]Answer"Iddat" may be described as the period during which it is incumbent upon a woman, whose marriage has been dissolved by divorce or death to remain in seclusion, and to abstain from marrying another husband. The abstinence...
Question: Heena, a Muslim widow, re-marries within 30 days of the death of her husband. Justify it. [UPJS 2013]
Find the question and answer of Muslim Law only on Legal Bites. [Heena, a Muslim widow, re-marries within 30 days of the death of her husband. Justify it.]
Answer
"Iddat" may be described as the period during which it is incumbent upon a woman, whose marriage has been dissolved by divorce or death to remain in seclusion, and to abstain from marrying another husband. The abstinence is imposed to ascertain whether she is pregnant by the husband, so as to avoid confusion about the parentage.
According to the directives of Allah SWT, the waiting period for widows is four months and ten days.
"And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days." And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days." (Surah Al-Baqarah, Verse 234 If the widow is pregnant, then the waiting period is till the birth of the child, irrespective of whether it is before the 4-month 10 days period, or several months after it. "And for those who are pregnant, their Iddah (prescribed period) is until they lay down their burden; " (Surah At-Talaq, Verse 4)
So, when the marriage is dissolved by death, the duration of the iddat is four months and ten days which must be observed by the widow. If the marriage is dissolved by death, the wife is bound to observe the iddat whether the marriage was consummated or not. It is interesting to note that a marriage with a woman before the completion of her iddat is irregular, not void.
Applying the principles of Muslim Law to the present case at hand where Heena, a Muslim widow, re-marries within 30 days of the death of her husband. Such a marriage is irregular.
Mayank Shekhar
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