Waiting period (Iddah)

Muslim law (Fiqh) requires wives whose marriage has been dissolved, whether by repudiation, divorce (faskh), annulment, or the husband’s death, to observe a waiting period, in other words, a period of time during which she is prohibited from remarrying.

In general, any woman whose marriage ends after it was consummated is subject to this waiting period (Quran 2:228).

The waiting period is called “iddah” in Arabic.

It varies, not only depending on the way in which the marriage ended, but also depending on the wife’s individual situation.

The iddah is a continuation of the marriage, in other words, a waiting period during which a divorce declaration can be nullified if it is not final. During this period, the husband and wife continue to be legally married.

All Sunni legal schools agree on the principle of the waiting period (iddah) and the differences between them on this subject are minimal.

There are several reasons for the waiting period :

• It ensures that the wife is not pregnant and avoids confusion about the identity of the child’s father if the wife remarries.
  
  
• It symbolically helps couples, families and the Ummah understand the importance and sacred nature of the marriage commitment. 
  
  
• In case of divorce, the waiting period allows the couple to reconsider their situation and to reconcile (rij’a).
  
  
• If the husband dies, the iddah expresses the wife’s devotion to her husband and her mourning.

The length of the waiting period depends on a combination of criteria related to the wife’s individual situation and the way in which the marriage ended.

1 – Pregnant women

The waiting period for a pregnant woman ends when she gives birth (Quran 65:4).

A pregnant woman’s iddah lasts until she gives birth or until her pregnancy naturally ends, at a stage where the fetus has visibly developed its first organs.

2 – Women who are not pregnant

Two possible situations

• Her husband dies
• The marriage is dissolved through repudiation or divorce
   

  • Husband’s death

    If the husband dies, the waiting period is four months and ten days from the day he passed away (Quran 2:234).

  • Dissolution of the marriage by repudiation or irrevocable divorce

    • A wife who is divorced before the marriage is consummated
      
      

        A wife who is divorced before the physical consummation of the marriage is not required to observe a waiting period (Quran 33:49).

    All four Sunni schools agree on this

    For the Hanafi, Maliki and Hanbali schools, if the husband is alone with his wife in such a way that would enable the couple to have physical relations, this situation is equivalent to consummation of the marriage. In this case, the wife must observe a waiting period.

    For the Shafi’i school, this has no effect.

    • A wife who is divorced after the physical consummation of the marriage 

    
        The waiting period for a repudiated wife is three menstrual cycles, whether the woman is Muslim, Christian or Jewish (Quran 2:228).

3 – Wives whose husbands have disappeared

The waiting period for the wife of a man who has disappeared begins after a length of time set by a Muslim judge (qadi).

After the time set by the judge, the waiting period may begin and will be four months and ten days, just like for a woman whose husband has died.

4 – Women who have regular periods

For women who have regular periods, the waiting period is three menstrual periods (Quran 2:228)

The wife must have her menstrual period and be purified three times.

5 – Wives whose menstruation has ceased for an unknown reason

For a wife whose menstruation has stopped, if it cannot be determined why it stopped, the waiting period is one entire year or twelve months. 

6 – Wives who no longer menstruate due to age

For a wife who no longer menstruates due to her age (menopause), the waiting period is three months (Quran 65:4).

In case of a revocable divorce, the husband may stop the waiting period at any time and allow their life together to resume.

• The wife’s waiting period begins on the day the divorce or repudiation is declared.

• During the waiting period, the wife remains in the husband’s house until the end of the period (Quran 65:1).
  
  
• A wife who has been divorced in a revocable manner may uncover her head in front of her husband during the waiting period.
  
  
• In case of a revocable divorce, the husband takes care of the wife’s material needs (Nafaqah)
  
  
• During the waiting period, the woman may not get remarried, nor may she receive or make a marriage proposal. 
  
  
• Waiting periods also apply to Jewish and Christian wives.

Failure to observe the waiting period prevents the divorced woman from legitimately getting remarried.

All the legal schools agree on this point.

If a divorced woman gets remarried without observing her waiting period, the marriage is considered null and void.

The end of the waiting period makes the dissolution of the marriage absolutely final.

Nothing remains of the marriage, marital obligations or maintenance obligations, and the wife is no longer prohibited from marrying another man.

The woman has truly become a “stranger” to her former husband.