Iddat: Liturgy that ties the feet of Muslim Women

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THIS ARTICLE WAS WRITTEN BY SWAGATIKA BEHERA A STUDENT OF KIIT UNIVERSITY

ABSTRACT:

The article on iddat under Muslim Personal Law states the period stand out by women after their dissolution of marriage. It basically talks about the maintenance under iddat and the interpretation of the Muslim Women Act given by the Supreme Court despite great roar of controversies, the Court was persistent to provide justice to the women community by doing the greater good. The article tries to bring out some affirmative aspects of the Court’s pronouncements and has successfully upheld the preamble of the Act. Iddat in one part it beneficial whereas its other larger part is totally a negative outcome and handful of restrictions to the women’s life.

INTRODUCTION:

The word Iddat has been extracted from Arabic word adda[1] which interprets as “to count”. Iddat is basically a mandatory custom to be observed by the Muslim women. Iddat is the time interval obtained by a woman after the death of the husband, separated or when legally divorced owing to some crucial factors, prior to which they can marry again lawfully. It can be said that a time interval where a woman has to maintain herself in a serene manner after the abandonment of the first marriage. It is pure and dignified time-gap every Muslim women is expected to follow up the rules. Iddat is certain kind of short-term disallowing of marriage, once iddat is completed then the person is entitled fully to re-marry. Iddat is only for women in Muslim to adhere it is not applicable on men but in case if a Muslim man having three wives and with one of his wife he gets divorced then during the period of iddat, the husband is not allowed to marry any other woman, it is non-permanent ban on marriage. It comes out as patriarchal society covering the rights of woman under mere practices of rituals and traditions in the name of religion.

PRIME FACTORS REVOLVING AROUND IDDAT:

The adherence to a ritual of iddat is very difficult and challenging for the Muslim women to observe as their normal day-to day life is being subjected to certain conditions of rule and regulations, they are expected to follow up anyhow without resorting to any denial. This mainly curtails down their freedom and throw them to corner with vague reasons.[2]

Two sole reasons of iddat:

The main intention of iddat is to observe and remain pure to oneself after the abandonment of marriage, including this two main criteria is followed in Islamic laws-

1. The first and foremost thing that is being looked into is that to check upon whether a woman is pregnant or not, as in a woman after the death of her husband or divorce she is needed to remain unmarried for a certain period of time so that if at all she is pregnant then it can be recognised the child’s father, if without iddat she gets married sooner and gets pregnant then the confusion arises on parenthood. Therefore to conclude to keep an eye on her conceiving period.
2. Second main and last purpose of iddat is to bring couples together and reunite them. This not a compulsory procedure or strategy to reunite rather it is considered as another chance or opportunity giving to the married husband and wife after Talaq. After iddat expires they will be in a vague state to come together.

Time-period of Iddat:

After the woman’s spouse death or legal divorce, iddat is being practised for a certain period of time, there are not any specified period for iddat, and it is different in different cases-

1. Firstly, if Muslim woman becomes widow and her marriage got ended then she is expected to follow iddat for a period of four month ten days to check upon her faultless marriage under the AI.Baqarah-234 of the holy Quran versus.[3]
2. Next prominent and valid point of iddat time duration is the pregnancy of woman, so if a woman is pregnant during the death of her husband it is a mandate fact to observe iddat for a period of one year out of which nine month is for pregnancy and three months for the purpose of iddat under the AL-Talaaq-4 of the holy Quran versus.[4]
3. Lastly, if marriage gets over by the term and procedure of divorce then the iddat should be observed for a period of three months, subjected to the Muslim Women Act, 1986 under Section 29(b).

Place to reside during iddat:

Islamic law also verifies that while being in a period of iddat one has to reside or live in a certain place and follow towards the step, it actually differs in cases to cases-

1. According to the personal laws of Muslim, Muslim woman after becoming widow, she has to stay in a house where she used to live with her husband.
2. Another critical situation that deals if a woman is out of station or she is out of her place or she might travelling at the time of her husband’s death or she heard the saddest news while travelling then under the law she is expected to return to her place as soon as possible and follow iddat, in case if she is in a place which is far away then she has return to her destination then can observe iddat.
3. At the time of husband’s death, if the Muslim wife is in her paternal home according to the Muslim Personal laws she has to return back to her in-laws and observe iddat as paternal home is not an eternal home.

Various other norms to be followed in iddat:

During the period of iddat, various activities has to be taken care of and it is known as ‘Haraam’ under the Muslim Personal Law-

1. While in a stage of iddat women are not allow to take self-care that is cannot glorify themselves by resorting to the use beauty products or enshrine themselves by pampering with cosmetics.
2. Clothes of silk fabric or anything charming garments are strictly banned during iddat. There should be any sound colours to ones’ look.
3. Women under iddat cannot step outside the house unless any unforeseen situations happens, in case of medical emergency they are allowed to go the hospital accompanied by a male member of the family itself who is called as ‘mahram’ which means to the man she cannot get married, in such health related issues also any physician is not entertained at home.
4. After the death of the husband, Muslim women is always expected to observe iddat along with this she should express her sorrow to her greater extent by praying hard to Allah their holy God.
5. Muslim women following the ritual of iddat cannot make a presence in any of the funerals or pay a visit to any sick-people.

MAINTENANCE OF IDDAT:

After the demise of the husband, Muslim women undergo the process of iddat and during this crucial time they are not entitled to get any share from her husband property she herself being the heir to it. The accountability and responsibility of maintenance of property is totally depending upon the wife and not on the heirs. In case if she has not received any dower then she has the right to get it from her husband’s property.

JUDICIAL PROUNCEMENTS:[5]

1. First case is related to Mohammad Ahmad Khan v. Shah Bano Begum[6], the bench of judges headed by Justice Chandrachud of the Supreme Court gave the historical and landmark judgement related to the case, it stated the husband under the section of 125 of the CrPC to maintain his divorced wife even after the expire of iddat if the wife is not under the capacity to maintain her living condition. According to the personal Muslim Law, it is laid down that during the period of iddat husband has the sole responsibility to maintain his wife as soon as it ends his accountability also gets dissolved and he is not entitled to maintain his wife, the Supreme Court interfered to the Personal law and gave the decision that under CrPC, husband is bound to maintain as the law CrPC is secular in nature and is o greater interest to the Nation as compared to a Personal Law. So Justice Chandrachud stated if a wife is unable to maintain herself after iddat she can take the help of the Court under section 125 of CrPC. This delivered judgement cuased a great mishap in the country among the Muslims so during that time Rajiv Gandhi government in 1986 passed the Muslim Women (Protection of Rights on Divorce) Act, 1986 to stop the execution of the Shah Bano judicial decision. Finally it laid down as according to the sections of 3(1)(a) and 4(1) of the Act explained clearly that after divorce the husband is only allowed to maintain his wife under bona fide conditions during the period of iddat and after iddat gets over, her paternal relatives are responsible to take care of it and if she has no relatives, leaving her in a helpless situation then the under the command of the Judicial Magistrate the Waqf Board under section 4(2) of the Muslim Women Act is responsible to take care of her maintenance.
2. Next critical controversial case is Danial Latifi v. Union of India,[7] writ petition under Article 32 of the Constitution was filed against the Muslim Women Act 1986, for its constitutional validity. The Supreme Court upheld the Mulsim Act stating that it is not violated under Articles 14, 15 and 21 of the Indian Constitution, furthermore it interpreted by referring to the case of A. A. Abdulla v. A.B. Mohmuna Saiyadbhai, laid that the aim of the Muslim Act was to improvise the condition of the Muslim women. The Court also emphasised that the word “within” stands for ‘during’ and ‘for’, so accordingly the husband is very much in duty to provide total maintenance during the iddat period and before it to secure future endeavours and not beyond iddat period. So the Court considered the Act not to be violate.

CONCLUSION:

By considering all the rules regulations and norms of iddat, it is quite good on side of the phase that in one point it gives ample amount of time and space to couple after their Talaq to recreate their marriage life again and also for their children but other factors governing like not going outside, cannot groom one-self and even cannot attend ill people is like murdering the emotional issue of the Muslim women. Moreover determination of pregnancy and identification of the father of the child does not require any time to wait, it can also be detected through various biological techniques. Iddat generally suffocates women by not allowing them to live their life up to the mark and providing various restrictions. The leading cases of Shah Bano and Danial Latif has provided the upsurge and dissent opinions of the Muslim Community but still the Judiciary tried its best to uphold the dignity of the women. India being a secular country recognised every law has successfully interpreted to every Personal law by harmonious construction not degrading the status of women. It always aimed at taking the rank of the women to a highest peak by guaranteeing equal status.

[1] Jamal J. Nasir, “Chapter Sixteen. The Iddat” The Status of Women under Islamic Law and Modern Islamic Legislation 158–66 (2009).

[2] “Iddat: A Curse Or A Boon For Married Women In India | Hello Counsel,”available at: https://www.hellocounsel.com/iddat-a-curse-or-a-boon-for-married-women-in-india/ (last visited September 2, 2021).

[3] “Iddat under the Muslim Law – Is it legal? Legal provisions and more,”available at: https://blog.ipleaders.in/iddat/ (last visited September 2, 2021).

[4] Jamal J. Nasir, “Chapter Sixteen. The Iddat” The Status of Women under Islamic Law and Modern Islamic Legislation 158–66 (2009).

[5] “Critical Study of Iddat,”available at: https://www.myadvo.in/blog/iddat/ (last visited September 2, 2021).

[6]  [1985] (1) SCALE 767 = 1985 (3) SCR 844= 1985 (2) SCC 556= AIR 1985 SC 945]

[7] 2001 SC SCC 740