The Concept Of Iddah In Islam

By Editor on 6th May 2024 • ( 0 )

The Concept Of Iddah In Islam

Though the violator of Iddah is neither a blasphemer or a renegade, his atonement can be accepted by God, but if the violation is deliberate, he has to be punished according to the Law of Land and if this violation is not deliberate and is the result of some medical procedure of the menstruation, the couple can be exempted.

Some people have asked me to opine on the Islamic Concept of Iddah (Iddat) in the light of modern needs and time spirit. Actually, we need to discuss the religious matters keeping in view the Time Spirit. Our jurisprudence needs reconsideration and reconstruction on the basis of modern mindset and modern needs keeping intact the basics of the Quranic injunctions. The basics cannot be changed but they need realistic and rational interpretation and application. It is called “Ijtehad” in religious matters. So far as the concept of Iddah in Islam is concerned, I would very briefly comment on this burning issue which has engulfed the Muslim world.

The literal meaning of the Arabic word “Iddah” is “to count”. It is a prescribed waiting time for a widow or a divorcee. During Iddah, a widow and a divorcee cannot marry. There is restriction on them to marry till the consummation of the waiting period. About the widows, the Quran says:

“For those men who die amongst you and leave behind wives, they (the wives) must continue themselves spend Iddah for four months and ten days”. (2: 234).

Similarly, about the Iddah of a divorcee the Quran in Surah “The Cow” in verse 228 prescribes three lunar months. The Arabic word “الشھر” has been used for waiting periods which means “Month.” The jurists by it mean menstrual-cycles. There are three objects of Iddah.

First: to ascertain whether the wife is pregnant, and if so, the matter of the paternity of the child. Secondly; in the event of a revocable divorce, it gives the husband the opportunity to return to his wife, and thirdly; it gives a widow or a divorcee some time to mourn the death of her husband and a divorcee to bear the brunt of the shock.

Some modernists say that nowadays, medical science has advanced and the medical test of a lady confirms whether she is pregnant or not, then what is the need of waiting period? In my opinion, it is not only the question of pregnancy, it is also a human issue. A divorcee or a widow needs to come out of the shock and trauma which she undergoes after divorce or the demise of her husband. She needs sufficient time to recover and reconcile. Women Psychologically are altogether different from the Psychology of men. Women are hyper sensitive and highly emotional. Moreover, the medical reports can be tempered under special conditions.

In a case of a woman who is pregnant, when she is divorced, or widowed, the waiting period lasts until she gives birth to a child. The Iddah for one who is young and still menstruates, is three menstrual cycles, while for one who is too old to menstruate, it is three lunar months.

Marriage during Iddah invalidates the validity and sanctity of marriage because the provisions of the Iddah period are one of the conditions for the validity of the divorcee’s or of a widow’s marriage. They have to remarry after the consummation of Iddah period.

The Quran showers the blessings and mercies on the divorcees and widows by ordaining the men to be kind and fair to them. The men and the concerned family members are ordained not to oust them from homes for some period and should look after them till their proper settlement.

As in ancient Arab cultures, the women folk were wholly solely dependent on men, it was the kindness of God upon them to ordain men not to tease them or throw them out of home till they leave by their own consent. By this favour on women, some retrogressive jurists deduced wrong inference and decree that a widow and a divorcee must stay at home and not venture out. But some enlightened jurists permit them to go out of house to meet the needs like work, attend the relatives and family friends, take care of her dependents and medical visits.

I still remember that a few years ago, in an Islamic Centre in New York, in an Islamic conference, a lady posed a question. She said how about a lady, who works in an office and if she is divorced or her spouse dies, can she come out of her house and attend her office? Most of the clerics said that a widow and a divorcee cannot leave house till the Iddah period ends.

She posed the second question. She said: “I have a friend who is recently divorced. If she does not attend office, she will lose her job”? A self-styled jurists said: “It is not our concern whether, she loses her job or not, she cannot come out of her house and cannot interact with people.” As, I was one of the panellists, I said, there is only one restriction on a divorcee and on a widow that they cannot marry during Iddah; there is no other Quranic restriction on them.

Some jurists strictly prohibit the travel and beautification of the widows and divorcees. They say that during Iddah, they should not wear silky dress and avoid facial beautification. Is it written in the Holy Quran? There is a big No. Such social impediments and restrictions are the creation of traditional and retrogressive clerics under the influence of Hindu culture and customs, which disgrace and humiliate the widows. They even do not permit Hindu ladies to remarry and consider the widows as cursed and evil souls. Islam is a religion that honours women and looks after their rights. The Chapter titled “The Women,” in the Quran talks much about the issues and dignity of women.

In the end, I would like to make it clear that according to Islamic phraseology, some deeds are called sins and some crimes. All crimes are punishable but all sins are not punishable by Islamic law. According to the Quran the sinners will be punished on the day of judgement. Suppose lying is a sin. In the Quran the liars are condemned but there is no punishment prescribed for them. Theft is a crime. The cutting of hand for theft is prescribed in the Quran. The punishment for adultery is one hundred whips prescribed in the Quran. Back biting is condemned but there is no legal punishment for it.

Now the question arises; is there any punishment prescribed for marrying during Iddah with a divorcee or a widow? On this question, jurists differ as it is a grey area. In the Holy Quran, there is no punishment prescribed to getting married in Iddah period but it is of course a Sin and violation of the Quranic injunction. The one who deliberately ignores this injunction is out of the circle of Islam until and unless he expiates, seeks atonement and remarries after the consummation of the Waiting Period called Iddah. It is a great sin. A Muslim must not marry during Iddah period. The man who does not expiate deserves punishment on the doomsday, if not in this world.

The question arises as to the worldly punishment in the violation of Iddah. It is a debatable and controversial matter. Some jurists are of the opinion as there is recommended punishment in the violation of Iddah, hence there is no punishment. But a serious question arises, can an Islamic state permit a Muslim to violate the Quranic injunction? It there is no binding or restriction on the violation of Iddah, then the so-called liberals, and secularists who are wearing the garbs of Muslims can play havoc with Islamic principles and injunctions. Can anyone marry a divorcee or a widow without fulfilling the marriage requirements prescribed in the Quran in an Islamic state?

We must understand that there are some Laws of the Land which are made according to the Spirit of Religion. Suppose there is no punishment of Blasphemy prescribed in the Quran. But in all Muslim countries, blasphemy is considered a sin and crime as well and the blasphemer is given Capital punishment. Can any Muslim country permit a man to burn the Holy Quran or use scurrilous and filthy language against the Holy Prophet of Islam (PBUH)? Not at all. In an ideological state some laws are made to protect the sanctity of the divine principles and sacred personalities. The violation of Iddah cannot be permitted in an Islamic state.

The non-Muslims are exempted as in an Islamic state, they are free to practice their religion. But a Muslim cannot violate any Islamic law, ordination or principle and has to be punished according to the Law of Land. Though the violator of Iddah is neither a blasphemer or a renegade, his atonement can be accepted by God, but if the violation is deliberate, he has to be punished according to the Law of Land and if this violation is not deliberate and is the result of some medical procedure of the menstruation, the couple can be exempted.