What is the Time Period of Iddat:
Nazia Law Associates is the best law firm in Lahore Pakistan, dealing in khula and talaq matters. The time period of iddat is given below. The word “iddat in its literal sense means “number.” In its technical sense, the time period of iddat means the period” stipulated for the termination of the remaining effects of the contract of marriage. According to the al-Shafi school of thought, it means the “act” of waiting. A waiting period applies to a woman whose marriage has been consummated. There are three types of waiting periods:
(a) Iddat of menstrual periods,
(b) Iddat of months
(c) Iddat of pregnancy.
The time period of iddat of menstrual periods:
The purpose of the waiting period ‘iddat of menstrual periods is the “vacation of the womb.” It is imposed as the right of the husband and as the right of Allah. The time period of iddat of menstrual periods has two causes:
- Separation after valid contract: The first is separation after a valid marriage contract, irrespective of the separation being caused by divorce or without divorce. The condition stipulated for this type of waiting period is that there is actual consummation or proper seclusion. Thus, the waiting period does not become obligatory without consummation and proper seclusion. Proper seclusion has been considered a sign of true sexual intercourse for making the waiting period obligatory on account of the right of Allah. Improper seclusion does not serve this purpose.
- Separation after an irregular contract: Separation after an irregular contract is affected by a pronouncement of the judge or by mutual separation. The condition for this type of separation is actual sexual intercourse. Seclusion is not stipulated as a condition in this type of waiting period.
- Intercourse of shubhah: This type of iddat arises from intercourse as a result of shubhah. For example, a woman who is not the person’s wife is brought to the man’s chamber at the time of his marriage (due to mistake or intentionally). Many of the contracts treated as fasid on account of shubhah will also fall under this category. The waiting period of menstrual periods is terminated at the end of the third period.
- This applies whether the separation has occurred after a valid contract, a consummated irregular (fasid) contract, or sexual intercourse through the semblance (shubhah) of a contract.
- b) The waiting period terminates at the end of the third menstrual period, after separation, upon the performance of significant ablution.
- c) The waiting period for a woman with irregular menstrual bleeding is also three menstrual periods. Suppose a woman claims that her three periods are over and that the waiting period has terminated. In that case, she will only be deemed truthful if a minimum period of 60 days (39 days according to Abu Yusuf and Muhammad) has passed after the commencement of the waiting period. The time period of iddat after which the woman will be deemed truthful is calculated by the jurists in different ways.
Remarry:
If the woman remarries when this minimum period has passed and then claims that her time period of iddat had not terminated, her statement will not be admissible. Where the woman was divorced during her postnatal period, the jurists added another 15 days to this minimum period.
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