Rules of Iddah

http://islamqa.org/hanafi/askimam/81191

Iddat
by Mufti Ebrahim Desai

Upon the husband’s death, or divorce, or the termination of the marriage contract through Khul’a (divorce at the instance of the wife), or the annulment of the marriage by some other manner, the woman has to remain staying in one house for a specified period of time. Until this period expires, it is not permissible for her to go elsewhere. The act of passing this period is called Iddat.

If the Iddat, or waiting period, is observed following the death of the husband, it is called ‘The Iddat of Death’. If observed following Talaaq (Divorce), Khul’a (divorce at the instance of the wife) or for some other reason, it is called ‘TheIddat of divorce’. There are some differences in the rules and periods of the two types of Iddat.

Iddat of Death

Allah Ta’ala mentions the ruling of this Iddat in the Holy Quráan:

For those men who die amongst you and leave behind wives, they (the wives) must confine themselves (Spend Iddat) for four months and ten days. (Baqarah)

A woman whose husband dies should remain in Iddat for four months and ten days. She should live in the house she used to live in at the time of her husband’s death. Leaving the home is incorrect.

This rule applies equally whether

1. a woman has had intimacy with her husband during his life-time or not
2. she had any kind of privacy with him or not
3. she had come to live with him or not
4. she menstruates or not
5. she is old or young
6. she reached the age of puberty or not.

However if the woman was pregnant at the time of the demise of her husband, she should remain in Iddat until the child is born. This applies irrespective of the number of days or months. Even if the child was born just an hour after the husband’s death, the Iddat will be over.

A woman in Iddat may move freely in the house. She does not have to restrict herself to just one room.

If at the time of receiving the news of her husband’s demise, a woman was away from the house, for example, to take care of some family chore, or was away visiting neighbours, or visiting her own parents/relatives for a few days (with or without the husband), she should immediately return home. This rule applies irrespective of where the husband passed away, at home or away.

A woman whose displeased husband had sent her to her parental home should, upon her husband’s demise, return to the home of her husband and complete herIddat there. As a rule, Iddat is completed in the house which was the permanent residence of the wife at the time of her husband’s death. Her temporary residence is not taken into consideration. It is obvious that her visit to her parent’s home was temporary.

If the husband died on the first of the lunar month and the woman is not pregnant, she will have to complete the period of four months and ten days in accordance with the lunar calendar. And if the husband died on a date other than the first, she would have to complete the period of one hundred and thirty days (four months of thirty days each and ten days) – Maariful Quráan.

Iddat begins from the time of the husband’s death even if the woman is not aware of his death and even though she had made no intention to observe Iddat.

If she only received the news of her husband’s demise four months and ten days thereafter, her Iddat stands completed. She will not have to observe Iddat all over again.

If for instance, a woman hears about the death of her husband several days later, but there is uncertainty about the exact date of his death, Iddat will be counted from the later date. For example, there is a doubt whether the husband died on the first of November or first of December, the Iddat will be counted from the first of December.

Iddat of Divorce

When the husband divorces his wife, she will have to spend her Iddat in the matrimonial home. She must not leave the house during the day nor at night, nor can she make nikah with anyone else. Once she completes three haydh periods, her Iddat will be complete and she can now stay wherever she wishes. This rule will apply irrespective of whether the man issued one two or three divorces, and irrespective of whether he issued a talaaqul baa-in (irrevocable divorce) or a talaaq-ur-raj’ee (revocable Talaaq). The same rule will apply in all cases.

The Iddat for divorce is only compulsory on the woman who is divorced after her husband had engaged in sexual intercourse with her or, they did not engage in sexual intercourse but they met in privacy and thereafter her husband divorces her. If they did not meet in privacy and the person divorces her, she does not have to observe the Iddat.

If a young girl who had not experienced haydh, or an old woman whose haydh had terminated is divorced, then their Iddat will be three months.

A young girl who has not experienced haydh as yet was divorced. She therefore commenced her Iddat on the basis that it will be three months. However, after a month or two she began experiencing haydh. Her Iddat will now be calculated from the time her haydh commences. She will therefore have to remain in Iddatuntil the completion of three haydh periods. Her Iddat will not be complete until the completion of three Haydh periods.

If a woman is pregnant and her husband divorces her, she will have to remain in that house until she delivers her child. When she delivers her child, her Iddat will expire even if she delivers her child a few days after being divorced.

If a woman is divorced while she is in her haydh, this haydh will not be considered. Her Iddat will be complete up on the expiry of three haydh periods after the haydh that she is presently experiencing. However, it should be noted that it is a sin to divorce a woman while she is in her haydh.

If she is observing her Iddat in the same house wherein the man who issued a talaaqul baa-in to her is also living, she will have to observe strict Purdah with him.

Maintenance During the Period of Iddat

The maintenance and providing of shelter for a woman observing the Iddat of Death are not the responsibility of her in-laws. She also does not have the right to take her maintenance out of the Estate of her deceased husband. However, she will be entitled to her share of Inheritance.

The maintenance and providing of shelter for a woman while she is observing herIddat of divorce are waajib on the very man who divorced her.

Iddat in the Case of Pregnancy or Miscarriage

As stated earlier, the Iddat of a pregnant woman ends with the birth of the child. The ruling however differs in the case of a miscarriage. If any body part of the miscarried foetus was formed, e.g. the mouth, the nose or the fingers, the Iddatwill end upon the miscarriage. If there was no formation of any limb, the woman will be regarded as not being pregnant, and as a result, her Iddat will be four months and ten days.

Rules

The maximum period of pregnancy in the Shariah is two years. Shariah does not recognize pregnancy beyond the period of two years. If a woman was pregnant at the time of her husband’s demise, but did not deliver the child within two years thereafter, she would be regarded as not been pregnant. Her Iddat had ended four months and ten days after the demise of her husband.

In the case of a multiple conception, e.g. twins, Iddat terminates at the birth of the last child.

The Death of the Husband and the Iddat of Talaaq

If the Iddat of Talaaq expires and the former husband passes away, there is noIddat of death. Such a divorcee does not inherit from her former husband’s estate.

If the husband passes away before the expiry of the Iddat, the ruling will be as follows:

1. If the husband gave his wife a revocable divorce (Talaaq-e-rajée) the wife should observe her Iddat of Death and she will inherit from his Estate.
2. If the husband had given his wife an irrevocable divorce (Talaaq-ul-Baain) while he was in good health, and the husband dies before the expiry of theIddat of Divorce, the woman will complete the Iddat of divorce. She will not observe the Iddat of Death nor will she inherit from the husband.
3. If the husband, with the consent of the wife, gave her an irrevocable divorce (Talaaq-ul-Baain) during his final illness (Maradhul Maut) the woman will complete the remaining period of the Iddat of Divorce. She will not observe the Iddat of Death nor will she inherit from the husband.
4. If the husband had given his wife an irrevocable divorce (Talaaq-ul-Baain) during his final illness (Maradhul Maut) without the consent of the wife, then her Iddat will be the longer of the two Iddats. She will inherit from the husbands estate.

Things Not Permissible During Iddat

A woman observing the Iddat of death should neither go out of the house nor remarry, nor indulge in beautifying herself through make-up. During Iddat, all these things are Haraam (Forbidden) for her.

Hadith

The Holy Prophet (Sallallahu Alayhi wa sallam) has said that it is not permissible for a believer to mourn for anyone for more than three days, except the widow whose period of mourning (when not pregnant) on the death of her husband is four months and ten days.

Observing a Period of Mourning is Waajib

RULES:

• It is necessary (Waajib) upon every adult and sane Muslim woman to observe Iddat (mourn) the death of her husband. It is not necessary upon a woman who is a disbeliever, insane or did not attain puberty.
• It is Haraam (strictly prohibited) to make an express proposal of marriage to a woman observing the Iddat of Death. It is also Haraam to contract a Nikah with such a woman. Such a nikah will be null and void.
• It is Haraam upon a female observing Iddat to apply perfume; to don ornaments, jewellery or decorations of any sort; to wear eye makeup, such as Kohl (antimony) or galena; to chew or apply colour on the lips, teeth or gums; to apply oil on the head; to comb the hair (in order to beautify herself); to use henna; to wear silken or other gaudy dresses.
• It is permissible to bath and wash the hair during Iddat.

Using Beauty Aids as Medicine

RULES:

• If there is a need to apply oil to the head because of a headache or lice, only such oil may be used that has no scent.
• If there is a need to use Surma (antimony) as a balm for the eyes, it will be permissible. In such a case it should be applied at night and cleared in the morning.
• A female in Iddat will be excused to wear silken clothes due to itchy skin.

Leaving the Home Due to Necessity

• It is compulsory upon the divorcee or widow to complete the Iddat in the same home which was her permanent residence at the time of divorce or her husband’s demise. However, if does not have enough money to pay basic needs, shelter and food, she will be excused to leave the house during daytime to work. She should ensure that she adheres to the laws of Hijaab and spends the nights at her house. It is also imperative that, during the day, she returns home immediately upon being free from her work. Spending any time outside the house over and above that which is necessary is not permissible. If her employment takes up some part of the night as well, she will be excused, but she should spend the major part of the night at her own home.
• A woman who owns a cultivated land, farm, property or business which requires her personal attention and management and there is no family member available to assist her, she will be excused to leave the house.

If such a place is equivalent to the distance of Safar (88 kms. or more), then she may travel there with her Mahram (person with whom marriage is permanently unlawful).

• If a woman observing the Iddat of Death is ill and it is not possible to arrange for a house-call by a physician, or if there arises an emergency for her admission to a hospital, it will be permissible to take her to a hospital or another city if there is a need.

Shifting Residence During Iddat Under Compelling Circumstances

RULES:

A woman may move to another home in order to complete the Iddat in the following situations:

1. If the house was rented and she does not have the means to pay the rent.
2. If her share of the house which she had inherited from her husband is insufficient for her to live in and the other inheritors do not allow her to use their share.
3. If she cannot observe Purdah in the home.
4. Any such situation in which her life, wealth or chastity are not safe.
5. If the house in which she is observing Iddat collapses, or there be the danger that it will.
6. If there is a strong apprehension that she is likely to lose her honour, life, property or health if she stays there.
7. If she fears living alone and she does not have a trustworthy person to live with her. If the fear is not severe, then it will not be permissible to move out of the house.
8. Similarly, if the house in which she is passing her Iddat be haunted and she has a strong fear of demons, so much so that she cannot bear the very thought of living in a haunted house, or there is some open evidence of harm caused by such evil presence.

In a situation where shifting from the house of Iddat is permissible, it is necessary the woman shift to the closest possible house where her life, wealth and chastity are safe. Unless necessary, she should not move to a more distant house. She should pass the remaining days of her Iddat in the house to which she shifted.

A Woman on Journey at the Time of Her Husband’s Demise

Different situations have different rulings, the details of which follow:

1.        I.            If a woman receives the news of her husband’s death, whilst she is on Safar and was within 88 km from her hometown, she should immediately return home and complete her Iddat there, irrespective of how far her destination is. This applies whether or not she has a Mahram with her.
2.    II.            If she had already covered 88km, then
   1.                             A.            If her destination is within 88 km, she may continue her Safar and upon reaching the destination, she should complete her Iddat there, whether or not she has a Mahram with her.
   2.                             B.            If her destination is more than 88 km away and
      1.                                                       1.            if the place is uninhabited she has the choice of either returning to her hometown or continuing her journey to her destination and complete her Iddat there. It is advisable for her to return to her hometown.
      2.                                                       2.            if it is an inhabited place where she could stay, she should remain there.
3. If in case no. II.B.1, en route to her hometown or her destination, she passes by such an inhabited town where she could stay and her life, wealth and modesty are safe, she should stay there and complete her Iddat.

Negligence of Iddat

Many widows and divorced women do not observe the laws of Iddat. Going out openly, visiting Bazaars and attending social functions are activities undertaken in absolute disregard to this injunction of the Shariah. That is a major sin.

Leaving the House Without a Sharíi Reason

The excuses under which going out of the house during Iddat are permissible have been listed earlier on. If a situation of a different nature arises under which going out of the house appears to be necessary, the situation should be discussed with a trustworthy Aalim in order to ascertain the Shar’ee validity of the excuse.

Many women observing Iddat leave the house on flimsy excuses, such as to show up at a meeting, ceremony, function, etc.

Going Out in Iddat Without Valid Excuse Does Not Annul the Iddat

Some people assume that the Iddat of a widow who comes out of the house without a valid excuse breaks the Iddat and it would be necessary for her to commence her Iddat again. That is incorrect.

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Answer

ÍDDAH (Period of waiting)
Literally -the word ‘iddah means to count. The count of the monthly purifications after menstruation.

Religiously ‘iddah means the period of waiting by a woman in a house on the dissolution of her marriage after consummation or on the demise of her husband even if the marriage has. not been consummated. She is not allowed to leave the house in this period. A marriage contracted by her during this period is void.

OBJECT
The primary object of ‘iddah is imposed to ascertain whether the woman is pregnant so that the paternity of the child that may be born to her after the death of her husband or the dissolution of her marriage may be determined. Another object is due to the close and important relationship between the husband and wife, in the case of a deceased husband the shari’ah has imposed upon the wife to observe mourning and express sorrow during the period of ‘iddah. This serves as a mark of respect for the de- ceased husband.

The rules regarding ‘iddah vary in different cases and it will be inappropriate to include the full detail of all types of ‘iddah in this booklet. The ‘iddah after the death of the husband – which is relevant is dealt with hereunder.

PERIOD OF ‘I DDAH
1. A woman has to observe ‘iddah for four lunar months and ten days on the death of her husband irrespective whether she is a major or minor (i.e. she being a child or past the age of menstruation) or even if the marriage has not been consummated.
2. If the husband dies on the first day of the Islamic month (which is reekonned according to the lunar sighting) then the four months and ten days of the ‘iddah will be calculated according to the lunar months that follow. Certain months may be of twenty-nine days and others may be of thirty days.
3. If the demise was not on the first day of the Islamic month then she will calculate thirty days for all four months that follow (4 x 30 120 10 130 days). The months that may be of twenty-nine days will not be considered. This same rule applies to an ‘iddah of Talaq in the case where the widow is not pregnant.
4. The ‘iddah of a pregnant woman is up to the time of delivery or miscarriage (only if the limbs of the embryo had formed) whether the ‘iddah is due to death, divorce or any form of separation. The four months and ten days must not be reckoned in this instance.
5. If the woman is bearing twins her ‘iddah will only terminate when the second child is delivered.
6. If the husband dies while the wife is observing the ‘iddah due to a divorce (‘iddah of Talaaq) then the following rules will apply:-
* If the husband gives a Raj’ee Talaaq (revocable divorce) and should he then die while his wife is still observing the ‘iddah of Talaaq, she shall now have to abandon that ‘iddah and observe the ‘iddah of death which is four months and ten days .from the time of the husband’s death. The remaining period of the first ‘iddah which was due to the divorce shall not be reckoned in any-way. In case any one of the married couple dies during the period of ‘iddah following a revocable divorce, the surviving spouse inherits from the deceased.
* If the husband gives a Baa’in Talaaq (irrevocable divorce) while he was in good health, whether this divorce was at her instance or not, and should he then die while his wife is still observing the ‘iddah of Talaaq, then she should complete the ‘iddah of Talaaq. No ‘iddah for the death of her husband will be incumbent on her nor will she inherit from his estate.
* If this Baa’in Talaaq (irrevocable divorce) is pronounced during the death illness (maradbui-mowt) and it was at the wifes instance, and should the husband die during the wifes ‘iddah of Talaaq, then too she should complete the ‘iddah of Talaaq and there will be no ‘iddah of death for her nor will she inherit from the deceased husband.
* If the Baa’in Talaaq (irrevocable divorce) is given during the death illness, not at the Instance of the wife and the husband dies during the wifes ‘iddah of Talaaq then she has to observe the ‘iddah for either divorce or death whichever period be the longer. (three full menstruation courses or delivery if there be a pregnancy for ‘iddah of divorce against four months and ten days for ‘iddah of death) In this case she will inherit from her husbands estate.
7. If the marriage be faasid (irregular) (i.e. performing nikah without witnesses or marrying two sisters at the same time etc.) and has not been consummated, no ‘iddah is necessary. But if it has actually been consummated she has to observe ‘iddah for three menstrual courses or three months if she is not subject to them. If she is pregnant then her ‘iddah will expire only on delivery. The period of ‘iddah shall begin from the time of the death of her husband. In this case the ‘iddah of four months and ten days will not apply.

COMMENCEMENT OF’IDDAH
1. The period of ‘iddah commences from the time of death of the husband or divorce or other causes of separation. It is not in any way affected by the wife’s ignorance of the fact that it had become due.
2. If she receives the news about the divorce or the husband’s death at a later stage but within the prescribed four months and ten days, then she will remain in ‘iddah for the remaining days required to complete the four months and ten days.
3. If she does not receive any information about the divorce or the husband’s death until such time when the prescribed period of. ‘iddah has already expired then no ‘iddah shall be waajib (incum- bent) on her.
4. If a woman is not at home at the time of her husband’s death or at the time of a divorce. She should return as soon as possible and observe the ‘iddah at home. The days of ‘iddah are calculated from the time of the demise of her husband or the time when the divorce was given.

PLACE OD IDDAH
1. It is incumbent upon a woman under ‘iddah to observe it in the house where she was residing at the time of the death of her lius- band or the dissolution of the marriage.
2. If the ‘iddah becomes incumbent on a wife while on a journey she should return to the place of her residence as soon as possible to observe her ‘iddah. Provided that her permanent home is within the Shar’i safar distance, and not beyond.
3. If the husband dies while the wife is estranged (but not divorced) and she is at her parents home or elsewhere she has to return imme- diately to her husband’s house and observe the ‘iddah there. This is even if the husband dies elsewhere.

MAINTENANCE DURING ‘IDDAH
1. In the case of the husband’s death the widow shall not be entitled to any maintenance from the estate of her husband for the period of her ‘iddah, due to being an heir. The liability of maintenance lies only on the husband and the other heirs are not responsible for the same.
2. She will inherit from the estate of her husband.
3. If she did not receive her dowry (Mebr) nor did she forgive her husband for it, she should receive it as a first charge from his estate.

RULES FOR OBSERVANCE OF ‘IDDAH
There are two ayahs (verses) in the Qur’aan regarding the observance of ‘iddah of death. These ayahs sufficiently denote the importance of ‘iddah.
1. And (as for) those of you who die and leave wives behind, such women should keep themselves in waiting for four months and ten days (AI.Baqarah – 234).
2. And the pregnant women, their prescribed time is that they lay down their burden (Al-Talaaq – 4).

To disregard Allah’s commands regarding, ‘iddah is a major sin. The following are important rules to be observed during ‘iddah.

MOURNING DURING’IDDAH
1. It is waaiib (obligatory) for an adult sane woman to mourn the death of her husband during the ‘iddah. Mourning is not waajib upon a woman who is insane or a minor, though all the other rules of ‘iddah will apply to these two as well.
2. Thus it is not permissible for a women who is in ‘iddah to adorn herself with flashy coloured clothing, wear jeweII6ry, use perfumes, apply hina (mehndi), surma or make-ups, or beautify herself in any way. Although she is certainly allowed to keep herself clean and presentable.
3. In Christian countries Muslim women must abstain from wearing black clothes during ‘iddah because this is the Christian way of mourning their dead.
4. However coloured clothes that are old and not flashy could be used and if need be surma could be applied at night for medicinal purpose, but should be removed in the morning.
5. If she is used to applying oil to her hair and she fears that not applying hair oil will result in headaches then she is allowed to use non-scented hair oil, provided the result does not enhance her beauty.
6. Mourning by the wife is not allowed for any other person besides the husband. However if the husband does not prohibit the wife, she may mourn the death of a relative for three days only.
Rasulullah S.A.W. has sternly prohibited mourning for more than three days besides the widow for her husband which is four months and ten days.

REMAINING IN THE HOME DURING’IDDAH
1. During the period of ‘iddah the bereaved wife should remain in the dwelling that they occupied at the time of the demise of her husband. It is not permissible (Haraam) for her to leave this house if she has sufficient provision.
2. If she is the sole bread winner with no other means of income then only is she permitted to leave her house during the day to seek her livelihood. She must return to this house before nightfall and as soon as she has completed this duty during the day.
3. It is not required that she confines herself to a certain room or that she remains silent during the ‘iddah. She should preferably occupy herself with ibaadah or any virtuous act. She may carry out any house work. She must not indulge in any sinful activity or pas- time.
4. She may leave the house for unavailable or emergency medical treatment, but should return immediately thereafter. If the distance to such services exceeds the limit of safar (77.25 km or 48 miles) she must be accompanied by a Mahram (a male member of the family whom she cannot marry by Islamic Law).
5. She may not leave the borne to visit the ill or go to a place where there is a funeral, though they be close’ relatives or even immediate neighbours.
6. She may move to another house if she cannot find sufficient accommodation in the deceased’s house by virtue of her inheritance from him, and if the remaining heirs do not allow her the use of her hus- band’s house or she is unable to observe the lslamic required purdah.
7. If the husband dies in a rented house, then if the surviving wife is able to pay the rent she must observe her ‘iddah in the same house. When she is unable to pay the rent she may move to the nearest available safe place where she must now complete her ‘iddah.
8. In case she is the sole occupant of the house where the ‘iddah has to be passed and the fear of being alone is so great that it is unbearable, so as to cause mental ill health or defect, she may shift to another house. Where the fear is not unbearable it will not be per- missible to move.
9. If the dwelling where she is residing is in a dilapidated condition and there is a risk that it may collapse or when it is insecure and there is a real threat to her chastity, honour or life, she may shift to another house, but she has to return to her home as soon as the cause of danger is removed.

Note: In all the instances described above where shifting from the house of the ‘iddah to another house is mentioned utmost care must be taken.

* that the cause be true and genuine.
* that she moves to the nearest available safe house from where she lived.
* that she completes her ‘iddah in this house. She may not move from this house again without a valid Shar’i reason.

PROHIBITION OF MARRIAGE DURING ‘IDDAH
1. The Qur’aan prohibits a direct proposal of the marriage to a woman observing ‘iddah and a man is allowed to give only a veiled hint to her of his desire to marry her (Surah al Baqarah – 235). It is therefore not permissible to even propose to her or to become engaged to her whilst she is observing ‘iddah.
2. The wife who is observing ‘iddah cannot lawfully contract a second marriage during the period of ‘iddah. ‘(Refer to Surah al Baqarah 232).
3. It is a kabirah (cardinal) sin to solemnise such a marriage and even to participate in it.
4. A marriage contracted by the wife during the period of ‘iddah shall be a void (baatil) marriage and shall not be recognised in Islam.

Al-Iddah – by Waterval Islamic Institute

http://islamqa.org/hanafi/askimam/18100

Woman was sitting in iddah after her husband passed away, she was pregnant at the time of her husband death. she was six weeks in her pregnancy.

she had a miscarriage in her six week of pregnancy. question is does her iddat expire even the child body was not formed, or what are the requirements of her ending her iddah.

Answer

1. A woman whose husband has passed away under normal circumstances will have to remain in iddah for 4 months and 10 days. Allah mentions this law in the noble Qur’aan, ‘Those women whose husband have passed away shall remain in iddah for 4 months and 10 days.’ (Baqarah 234)

2. If a woman was pregnant and during her pregnancy her husband passes away, then her iddah will terminate as soon as her pregnancy ends. Allah states, ‘For those (women) who carry (life within their wombs), their period (iddah) is until they deliver their burdens.’ (Talaaq 4)

3. If a woman was pregnant and her husband passes away during her pregnancy, thereafter she suffers a miscarriage in the sixth week of her pregnancy, her iddah will not terminate by the miscarriage. She has to remain in iddah for the duration of 4 months and 10 days starting from the day her husband passed away. (Raddul Muhtaar vol.3 pg.512)

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

http://islamqa.org/hanafi/askimam/28547

I am aware of the fact that wife?s Iddat starts as soon as Husband give her 1st Divorce. Q.1. If husband give the 2nd and/or 3rd Divorce at the end of 1st month of her Iddat, would Iddat be extended for extra month as well? Q2. If Husband gives the 2nd and/or 3rd Divorce after the completion of her Iddat then would she have to sit in Iddat again because of 2nd and 3rd Divorce? or can she carry on with her normal life after her 1st Iddat.? Jazakallah

Answer

If the husband gaver one divorce and after that he never took the divorce
back and gave the 2nd and 3rd divorce then she has become haraam upon her
husband. However if the husband gave only a 2nd divorce during her iddat
then the husband still has a chance to take his divorce back. This woman’s
iddat started after the first divorce and will finish after the completion
of her 3rd menses even though the husband gave the 2nd or 3rd divorce during
the iddat.

If the husband gave a divorce and then took her back during her iddat, and
thereafter gave a divorce again then she will have to commence her iddat
again.

However if the iddat was completed and the husband never took the divorce
back during this time then the Nikah between the husband and wife no longer
remains. Therefore if the husband gave another divorce it will not count,
and she will not have to sit in iddat again. She can move on with her life
because he is no longer her husband.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

http://islamqa.org/hanafi/askmufti/45291

Q: Could you please explain all the details pertaining to a woman in iddat (widow). How should she receive visitors including non-mehrams?

A: Whether the woman is in Iddat or not, only those classified as ‘Mahram’ i.e. those who can never marry her, e.g. brother, uncle, etc. are allowed to see her.

IDDAT E WAFAAT – UPON THE DEATH OF THE HUSBAND
The iddat of wafaat or death commences from the date of death of the husband. Hence, if the wife only learns of his death a few days later, she is still obliged to calculate her iddat period from the day he died, not from the day she learnt of his death. It should be remembered that in the iddat-e-wafaat consummation of marriage is not a necessity. So even if the husband passes away immediately after marriage, before coming together with his wife, she still has to observe the iddat-e-wafaat.  In this case the iddat has been imposed as a period of mourning and grief, not to determine any state of the womb.

Duration of this iddat
The iddat-e-wafaat is four months and ten days. If she is pregnant then her iddat expires as soon as she delivers her child. (See details of a pregnant woman’s iddat under a separate heading further on.) It should however be noted here that delivery of the baby will only be considered as termination of the iddat if the wife was already pregnant at the time of her husband’s demise. If this was not the case, and the pregnancy only became apparent after the husband’s death then she will have to observe iddat of three months, which is the iddat of a woman who does not menstruate. This is because during pregnancy a woman does not have her menses. Her iddat will, therefore, be three months.

RESTRICTIONS PERTAINING TO THE IDDAT
Here we mention certain prohibitions upon the wife which come into force during the iddat.

1. LEAVING THE CONFINES OF THE HOME
The confines of the home in this context include the front and backyard.

a) A woman who has been divorced is not allowed to leave the confines of her home during the iddat for whatever reason, be it to visit friends or relatives or to attend the funeral of even her parents. If however, there is some danger to life or limb and leaving the home becomes necessary then she is allowed to leave but must return as soon as the danger is over. Similarly, if a spiteful husband evicts her from the house then too, she is allowed to go and spend her iddat elsewhere, preferably at her parents home. In this case the husband is guilty of a major sin, since he is flouting a law of The Holy Quran. Allah has commanded the husbands in Surah Talaaq: “Do not evict them (from  the home) nor should they emerge (on their own)..”

b) A woman who has lost her husband is allowed to emerge from the home to earn a living if there is no one to support her, in which case she may go out during the day but must be back by sunset. However, if she does have an income or there is someone to support her then even the widow is not allowed to leave the home. Besides earning a living when there are no other means of income, the widow is not allowed to go anywhere else during the iddat, as stated in (a) above. Furthermore, if she can operate her business or earn her livelihood from within the confines of the home then also she is not allowed to emerge.

c) The woman in iddat may go into the front or backyard of the home. She may not proceed beyond this area.

d) Hajj is not fardh upon a woman who is in iddat even though she may have a substantial amount of funds. Hence she is not allowed to go for Hajj or Umrah.

IMPORTANT NOTE
It must be remembered well that to emerge from the home during iddat for no valid reason is indeed a severe crime in Islam. The same prohibition and reprimand for this violation appear in the hadith for a woman (married or spinster) who leaves the confines of her home for no Shar’ee reason. Allah commands in the first verse of Surah Talaaq: “Do not evict them from their homes, nor should they leave on their own accord, except if they bring forth an open act of lewdness.” In the tafseer of this verse Hazrat Abdullah bin Umar (radhiyallahu anhu) comments: “Her leaving the home prior to the expiry of iddat is an act of open lewdness.” This is similar to the hadith of Rasoolullah (sallallahu alaihi wasallam) which states that a woman who applies perfume and goes out into public is like an adulteress. We can therefore see how serious a matter this is. Today our ladies have abandoned these important and compulsory teachings of Islam. No wonder that they are having such a great difficulty in following the Shariah. In this era, a woman is divorced today, and tomorrow she is once more out on the street. Since they have become so used to being outside the home, it is asking too much of them to remain indoors for three months, a period which for some seems a lifetime!

THE WORKING WOMAN AND IDDAT
Some women work, hence they do not  observe iddat for fear of losing their jobs. Has material gain become so crucial to us that we are prepared to sacrifice the Law of Allah? Surely we need to think and ponder carefully over the state of our Deeni affairs. Where Allah discusses the laws of iddat, it is significant that He emphasis the qualities of taqwa and tawakkul. He says: “And whosoever will adopt taqwa, Allah will open up a way for him and will grant him sustenance from avenues which he himself will not perceive. And whoever will have trust in Allah, Allah will suffice for him.” (Surah Talaaq) In another verse Almighty Allah specifically assures the couple who are divorced: “And if the two separate, Allah will enrich each one of them from His Bounty.” Our sisters should therefore realise that they too are required to inculcate taqwa and trust in Allah. These are injunctions of Shariah, so at which stage of our lives will we practice on these teachings?  Surely these teachings apply to us as it does to the rest of the Ummat. There must be some time in our lives where a small sacrifice is made solely and sincerely for the sake of Allah. In return, the rewards for such sacrifices are immense. Allah has Himself promised to provide income to the divorcee.

Another aspect of emergence during iddat which must be considered, is the interaction of the practice of hidaad and observance of iddat. This practice, which is outlined in detail later on, entails the abandonment of beauty and jewellery.  This too is wajib during iddat. But if a woman emerges from the home during iddat, she is forced to neglect the practice of hidaad for she will most certainly adorn herself and apply cosmetics, which is haraam during iddat. Hence, coming out of the home during iddat leads to other haraam acts being committed. This is another reason why a woman must not leave her home during iddat. For the working woman we must stress that during iddat the husband has to provide for his divorced wife, as he would for her during their nikah. If he fails to do so then in cases of dire need, the women may leave the home to earn a living. However, she must return to the house before sunset.

There is also the great danger that through her emergence from the home in iddat a woman is exposing herself to the glances and advances of menfolk. Allah forbid, this can lead to zinaa (adultery), for it becomes known that this is a divorcee (and experience has shown that such people are more prone to elicit affairs than those who have yet to taste married life). If not zinaa, then there is the possibility of marriage that may arise during iddat, which is also a haraam act. A nikah performed during the iddat of a woman is not valid, and the couple that marry in this way are living in sin. So a host of evils are created just through the neglect of a basic Shar’ee injunction, the command to remain indoors for the duration of the iddat. Several cases have been brought to our attention, of women entering into marriage while the iddat is still in progress. Only Allah knows whether these marriages were repeated again (to legalise it) after the iddat ended.

2. THE PRACTICE OF HIDAAD
a) Hidaad means: to avoid beauty and adornment. A woman in iddat is not allowed to do the following:

She is not allowed to apply perfume, to wear jewellery and ornaments, to apply surma or cajel to the eyes, to wear flowers, to wear attractive clothing, to apply henna (mehndi), to apply cosmetics, to apply oil to the head, to comb the hair, or to resort to any other form of adornment women normally do to make themselves attractive.

All the above are haraam during the iddat for a widow or a woman who has been given three Talaaq or one baa-in Talaaq. (Baa-in talaaq is a type of divorce that breaks the nikah with immediate effect and the couple can only reconcile by making a new nikah.) Except for a woman who has been given Talaaq Raj’ee, this practice of hidaad is wajib upon every other woman in iddat. (Raj’ee talaaq means a divorce after which the couple can still reconcile and come back to each other without making a new nikau.)

b) Combing the hair will be allowed if it is done out of necessity, such as to avoid knots and tangles in the hair, but not for attraction and appeal. (Also see note ‘f’further down)

c) The purpose of hidaad is to dispel any intentions men may have of marriage, since it is haraam to marry while in iddat. So when a woman adorns and beautifies herself, she is inviting the attentions of men, especially now that she is without a husband. Such is the strict ruling of the Shariah about marriage during iddat that Allah has forbidden all such activities that may directly or indirectly lead to marriage while the divorcee or widow is still in her iddat. So much so, that the Quran has even forbidden a proposal of marriage in iddat, as well as any negotiations about nikah with the woman. These are all indications of how serious a crime it is to contract a nikah with a woman who is in iddat.

d) A woman who has been given Raj’ee Talaaq, i.e. the husband has the right to take her back without a new nikah in the iddat, does not need to avoid beauty and adornment since the Shariah encourages reconciliation. Perhaps through her adornment and beautification, the husband will be persuaded to take her back. In this type of Talaaq the nikah is still intact, so this divorcee is not bound by the practice of Hidaad.

e) Besides the above type of divorcee, all other women as well as those who have lost their husbands, must compulsorily observe hidaad.

f) She is allowed to use medication, and to bath and clean herself. If oil or surma has to be used for medicinal purposes then this is allowed provided she uses oil which has no fragrance and applies the surma at night and wipes it off in the morning. Similarly if the need arises to comb the hair (such as in the case of lice) then this too is permissible. In short, these prohibitions become lawful if there is a pressing need, such as illness for example. Otherwise, these activities will not be permissible.

g) Upon the death of any other close relative (besides husband), it is permissible, with the husband’s permission only, to observe the practice of hidaad as an act of mourning. But this will be done for only three days and it is haraam to observe this practice for longer than three days. And if the husband forbids the wife then it will not be permissible at all.

Mufti Siraj Desai

http://islamqa.org/hanafi/askimam/1227

I am a 26 yrs old widow of 7 mnths.i would like to know  what r the islamic rules on me as a widow.i am a full time worker as well a mother of 3 young kidz.

Pls tell me how my lifestyle should be?i dont want to earn gunaah by living the way i am not suppose live.was i suppose to celebrate eid and the future eids as well if allah grants me

Pls help me .there r so many young widows r not knowing what to do after their husband leaves them.

Answer

In the name of Allah, Most Gracious, Most Merciful 

Assalaamu `alaykum waRahmatullahi Wabarakatoh 

When a woman becomes a widow, she will have to spend iddat of four months and ten days if she has not conceived. If she has conceived, then her iddat will be until the birth of her child. The iddat period of a woman is meant to mourn the loss of her beloved. She will express grief by neither donning clothing of beauty nor adorning herself with jewellery. She is required to abstain from applying any perfume, dressing her hair with oil (scented or not), applying kohl (surma) or using henna. She may however be permitted to utilise any of the above due to medical reasons.

A widow may leave her house during the day and if need be, into part of the night in order to attain her necessary livelihood. This is due to the fact that expenses of the house have now fallen upon her. She may not be directly proposed to for marriage during her iddat period. The iddat period of a widow begins upon the passing of her husband.

When a man divorces his wife, she will have to spend iddat of three menstrual cycles, excluding the one in which she may have been when issued the divorce.

If due to either old age or being too young she does not menstruate, her iddat will be for the duration of three months.

If she has conceived at the time of the talaaq (divorce), her iddat will terminate upon the delivery of the child.

She is required to abstain from beautifying herself as outlined above. She may not, however leave the confines of her house during the iddat period. The iddat period commences immediately after the divorce was issued.

The iddat of a widow and divorcee will have to be carried out in the house which was considered as her place of residence at the time of the separation or death.

Sister in Islam, although you have now been compelled to provide for your family, you should at no time disregard the Islamic injunctions of hijaab upon you. You should maintain hijab to the best of your ability. Look after your chastity and maintain shame and modesty at all times. In these days of fitna and evil even widows and divorcees are vulnerable to the attacks and onslaughts of people with evil intentions. You should be alert and guard yourself against that.

Your children are your most precious possessions. Ensure that you strive to afford them with the best possible Islamic upbringing, thereby attaining the great rewards promised for you.

Sahl bin Sa’d (RA) narrates that the Prophet of Allah (صلى الله عليه وسلم) said, “The person who cares for any orphan (one whose father dies before reaching puberty) will be with me in Jannah like this,” and the Holy Prophet (SAW) indicated with his middle finger and index finger (indicating the extreme closeness in Jannah). (Bukhari)

Anas (RA) narrates that the Holy Prophet (صلى الله عليه وسلم) said, “Whoever cares for two young girls until they reach maturity will be close to me on the day of Judgment like these to fingers.” He then joined his fingers. (Muslim)

The day of Eid is for joy and happiness. You should celebrate Eid in the future.

And Allah knows best

Wassalam

Shabeer Moosa,
Student 6th Year

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

http://darulfiqh.com/iddah-the-post-marital-waiting-period-by-maulana-faraz-ibn-adam/

The definition:

‘iddah (waiting period) refers to the period of time that follows a woman’s divorce or death of her husband. The length of this waiting period varies somewhat based on the situation.

The wisdom behind the waiting period:

• Identify pregnancy 

The ‘iddah gives sufficient time to a woman to make sure she isn’t pregnant.   This is necessary to prevent confusion that could arise on who the father of the child is if the woman were to remarry and get pregnant right away.

• Time for reconciliation 

When a divorce takes place, ‘iddah offers time to the couple to cool down and give the divorce a second thought.

• Exemplify the gravity and sanctity of marriage 

‘Iddah prevents people from taking marriage to be a light affair.  Marriage is so sacred and significant that its dissolution results in a waiting period.

• Time to express grief 

In the case of the husband passing away, the wife has been given to grieve. (al-fiqh al-islami wa adillatuhu)

The different waiting periods of different women:

1) 3 menstrual cycles

For that divorcee who is mature, menstruates and isn’t pregnant.

For example, Khalid divorced his wife Sa’eeda.  Sa’eeda was a mature woman who wasn’t pregnant.  Sa’eeda will now have to observe the ‘iddah in her matrimonial home.  Upon the expiry of her third period, she will be now free to leave the house of her former husband and can marry whom she wants.

2) Three consecutive ISLAMIC months

For that divorcee who isn’t menstruating.  This will include those women who have entered menopause.   Likewise, for some medical reason, those young women who don’t experience menstruation will also be obliged to observe three months as the waiting period.

If her husband divorced her on the first day of a lunar month, she will calculate three months from that date.  This will be irrespective of whether the months are of 29 days or 30 days.

For example, Halima was divorced and was in her late 50’s on the 1st of rajab.  She wasn’t experiencing menstruation as she had entered menopause.  She will now observe three consecutive lunar months as her waiting period.  Hence, for the whole of Rajab, Sha’ban and Ramadhan, Halima will have to observe ‘iddah.  On the 1st of Shawwal, her ‘iddah will end.

If she wasn’t divorce on the first day of an Islamic month, then she will calculate 30 days for each month.  So, after 90 days, her ‘iddah will expire.

For example, Aneesa was divorced on the 20th of Rabi al-thani.  Her iddah begins from that moment; hence she will be in her ‘iddah for the rest of Rabi al-thani, the whole of Jumada al-ula, the whole of Jumada al-ukhra and the first 20 days of Rajab.  On the 20th of Rajab, 90 days will have passed which brings the ‘iddah of Aneesa to an end.

3) Duration of pregnancy

That divorcee which was pregnant will be in ‘iddah until delivery.

For example, Mariam was divorced in the state of pregnancy with approximately 5 months to the delivery of the child.  Until she delivers the child, Mariam will have to observe ‘iddah.

4) Four months and ten days

When a husband passes away, his wife will have to observe the ‘iddah of four months and ten days.

Once again, if the husband passed away on the first day of a lunar month, then she will count each month and then add ten days to complete her ‘iddah.

For example, Aaliya’s husband passed away on the 1st of Rabi al-awwal.  So aaliya will be in ‘iddah for Rabi al-awwal, Rabi al-thani, Jumada al-ula, jumada al-ukhra and the first ten days of Rajab.  Thus, on the 10th of Rajab, Aaliya’s ‘iddah will expire.

However, if the husband passed away during the month, then his wife will calculate each month as 30 days and add a further 10 days to complete the prescribed four months and 10 days.  So in essence, the ‘iddah will be for 130 days.

For example, Yasmin’s husband passed away on the 12th of dhul qa’da.  Yasmin will count 130 days from here to complete her ‘iddah.  Her ‘iddah will come to an end during Rabi al-awwal.

She should live in the house she used to live in at the time of her husband’s death. Leaving the home is incorrect.

This rule applies equally whether

a) a woman has had intimacy with her husband during his life-time or not

b) she had any kind of privacy with him or not

c) she had come to live with him or not

d) she menstruates or not

e) she is old or young

f) she reached the age of puberty or not.

However if the woman was pregnant at the time of the demise of her husband, she should remain in ‘Iddah until the child is born. This applies irrespective of the number of days or months. Even if the child was born just an hour after the husband’s death, the ‘iddah will be over.