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ABOUT IDDAT (WIFE'S CONFINEMENT ON HUSBAND'S DEATH OF DIVORCE)

1 : If a woman's husband divorcees her or the marriage is revoked by 'Khula' (divorce obtained on wife's initiative) or 'Eila' (to take oath not to go to wife) etc., or the husband dies, then in all such cases, the woman has to remain confined in a house for a specified period and before the end of this period she is not permitted to go outside nor can she marry any other man. She is at liberty to do anything only after this specified period is passed. This specified period is called 'Iddat'

2 : if the husband divorces his wife, she should stay in the husband's house, where she has been divorced; for a period of three monthly courses. She must not go out of this house either in the day or night, nor marry any other person during this period. If, in such a state, three monthly courses are period, then Iddat is complete. Now she can go anywhere at her will. The rule for one 'Talaq' by the husband or two or three Talaqs or Talaq-e-Bayyin or Talaq-e-Rajaie is the same.

3 : the period of Iddat for divorce for a minor girl who has never seen menses or for so aged a woman who has now ceased to menstruate, is the same, and that is period of three months. So, for a period of three months she must remain confined in the huse, and after expiry of this period she can do anything at her will.

4 : If a girl has been divorced and she started her Iddat according to her monthly course, but during the very period of Iddat she has her menses, then she should have to remain confirmed for a period of three monthly course. The period of Iddat will not come to end without the period of three monthly courses being over.

5 : A pregnant woman, if divorced, has to wait for the birth of the child and that is her Iddat. This period of Iddat is over with the birth of the child. If the child is born just after being divorced, then also her Iddat is over.

6 : If a woman is divorced during her monthly course, then that monthly course will not be taken into account. So apart from that monthly course, three more monthly course will be the period of her Iddat.

7 : The Iddat of Talaq is to be observed by such a woman who has been divorced after sexual intercourse or if sexual intercourse has not been committed but the husband and wife have remained together in seclusion as a result of which 'Maih'r' becomes due or that privacy which does not make full amount of Maih'r due. But the woman who has not been in privacy, if divorced, need not pass the days of Iddat, as has been mentioned above.

8 : If one commits sexual intercourse with a woman other than his wife by mistake, then the woman has to observe Iddat. She must not allow her own husband to commit sexual intercourse with her without her Iddat being over, otherwise both of them would be guilty. Iddat for this also is the same as has been mentioned above. If the woman becomes pregnant with this sexual intercourse, then she should wait till the child is born and observe Iddat. Such a child is not illegitimate. His lineage is proper. The child will belong to the man who has committed sexual intercourse.

9 : One who performs Nikah (marriage) against the rule; for example, if after Nikah one comes to know that the husband of that woman is yet alive, and has not divorced as yet, or come to know after Nikah that both the husband and wife are foster-brother and sister, then the rule is that if the man commits sexual intecourse with such a woman, and the truth come to light later on, then the woman has to observe Iddat. And the Iddat started from the time the man repented and got separation from that woman. But if sexual intercourse had not been committed as yet, then Iddat is not yet essential; rather if one  has been in perfect seclusion and privacy with such a woman, then also Iddat is not essential. Iddat is due only when sexual intercourse has been committed.

10: During Iddat, food and cloths are due on the person who has divorced the woman. A detailed description of the same will come later on.

11: If one gives Talaq-e-Bayyin (distinct divorce0 or gives three Talaqs but commits sexual intercourse with the same woman by mistake, then on account of this mistake one more Iddat becomes essential. Now the woman has to complete three more monthly courses. When three monthly courses are passed, then both teh Iddats are over.

12: Of a man gives Talaq-e-Bayyin (distinct divorce) and he lives in the same house with the divorced woman, then a curtain must be raised between the two.

IDD'AT CAUSED BY THE DEATH OF ONE'S HUSBAND

1: If the husband of a woman dies, then she has to observe Iddat for four months and ten days in the same house where she used to live with her husband and become widow. It is not permissible for her to go out. But if the widow is too poor to have means of livelihood at home and hence she has to work as maidservant somewhere else, then she is allowed to go out, but should positively stay at home in the day. And the same rule will apply where they indeed had committed sexual intercourse or not, or whether she had privacy with her husband or not; and whether monthly course used to come or not. In every case she has to observe Iddat for four months and ten days. But it he woman was pregnant at the time of her husband death, then she should observe Iddat till the child is born to her. If delivery takes place even a few minutes after the death of the husband, then also her Iddat is over.

2 : The widow is allowed to live in the entire portion of the house. The practice for the widow to remain confined to a fixed spot and not move from that place os meaningless and nonsense. This practice should be abandoned.

3 : If the husband is an immature child but when he died, her wife was pregnant, then also her Iddat lasts till the birth of the child. But this child is illegitimate and hence it would not belong to husband.

4 : If the husband of a woman died on the first of the lunar month and the woman was not pregnant, then she should complete four months and ten days according to lunar month; and if he has not died on the first of the lunar month, then she should complete four months and ten days, counting every month of thirty days. The same rule applies in case of Iddat of Talaq as well. if the divorced woman is neither having menses nor she is pregnant and she is divorced on the first of the lunar month, then three lunar months should be complete, whether the moon is sighted on the 29^th or 30^th of the month. And if the divorce is not given on the first of the lunar month, then three lunar months should be completed counting every month as of thirty days.

5 : If someone marries against rules. for example, she marries in the absence of witnesses or marries her brother-in- law in the presence of her sister still being in marriage (with the same person); then if her husband dies who was illegally married, she should not observe Iddat for four months and ten days; rather she should observe Iddat for three monthly courses onl. If she does not have menses, then the period of Iddat is three months; and if pregnant, then it is till child-birth.

6 : If one gives Talaq-e-Bayyin (distinct divorce) during he life-time, but he dies before the period of Iddat is complete, so one should see whether the period of Iddat for divorce is more or the period of Iddat for death of the husband, and she should complete the longer one; and if he has given Talaq-e-Rajaie (revocable divorce) and the husband dies before the period of Iddat has passed, then Iddat for death will become effective on the woman.

7 : if the wife is informed of the death of her husband after four months and ten days are passed, then her Iddat period has already been complete. She need not observe Iddat after getting information about the death of her husband. In the sme way, if she is not informed of divorce by her husband, and she gets information about it after the Iddat period of divorce has already passed, then its iddat period also becomes complete. Now to observe Iddat is not essential.

8 : If a woman had gone out of her house on some business or to her neighbor's house, and her husband died during her absence, then she must hastily come back and stay in the same house where she become a widow.

9 : During the Iddat for death of the husband, maintenance is not due on any other person, she will have to spend from her own sources.

10: It is a practice with same people that after the death of her husband, she must observe Iddat for a period of one year. This is quite prohibited.

ABOUT MAINTENANCE OF WIFE

1 : If the wife is too minor to be able for sexual intercourse, and the husband can keep her in his house for looking after household affairs, then her maintenance is binding on him; but if she is sent back to her paternal home, then he is not bound for her maintenance. In case the husband is minor and the wife is grown-up, then her maintenance will fall on the shoulders of the husband.

ABOUT RESIDENCE

1 : If Nikah (marriage) has broken due to some undesirable acts of the wife; for; example, if she establishes illicit relation with her step-son or embraced him with sexual passion and nothing happened between the tow or she turned infidel, and hence the husband divorced her or the marriage has broken because of her turning apostate, then in all such cases, the husband is not bound for her maintenance, but he has to provide a house for her. But in case she leaves the house of her husband, then the husband is not responsible for anything.

ABOUT LEGITIMACY OF THE ISSUES

1 :  If the husband is abroad and no information is reaching about him for a long time, nor he returned home and if in the meanwhile a child is born to the woman, then the child is not illegitimate, rather is from that very husband, But if after being informed about the matter, he makes a refusal, then the rule 'lea'n will apply.

Red text sign is Qur'anic Verses or Prayers and Blue Text is sign Roman English, Green text Traditions of the Holy Prophet Muhammad (peace be upon him)