USMANU DANFODIYO UNIVERSITY SOKOTO,

FACULTY OF LAW,

QUR'AN AND HADITH LAW(207) PRESENTATION

BY GROUP 4.

PRESENTATION TOPIC:

IDDAH( WAITING PERIOD)

S/N NAME ADM NO:

1: Mikah Isah 2310500006

2 Abdulmalik Bello Gado 2310500007

3 Bello Ahmad Shehu 23100500016

4 Aisha Adamu 2310500017

5 Fatima Adamu
 INTRODUCTION

This research paper seeks to examine the pronents and the components of what iddah(waiting period)
means in Islam. In Islamic jurisprudence, iddah (Arabic: ‫ )العدة‬refers to the waiting period a woman
must observe after the end of her marriage. This waiting period has significant implications in Islamic
law, particularly in the context of divorce and widowhood. It is intended to determine paternity in the
case of pregnancy, to allow for emotional healing, and to preserve the sanctity of marriage. Here, we
will explore the meaning of iddah, its commencement, length, and maintenance requirements, with
references to relevant authorities from the Qur'an, Hadith, and juristic analysis.

DEFINITION OF IDDAH/MEANING

The term iddah derives from the Arabic root word "‫( "َعَدد‬a'dad), which means "number" or "count." It
signifies a specific period a woman must observe before she can remarry after her marriage ends, either
through divorce or the death of her spouse. The purpose of iddah is to ensure that there is no confusion
about the paternity of any child the woman may be carrying at the time of separation or divorce.
However, in order to get a succinct meaning, one can say that Iddah simply means the waiting period a
Muslim woman is to observe in her husband's house after the marriage ends either through divorce,,
separation, or dissolution of marriage after the death of the husband.
 THE PURPOSE AND WISDOM BEHIND IDDAH

1: To confirm non-pregnancy, ensuring clear lineage and inheritance: Islam is a religion that teaches
sanitation of clear lineage, this is why after the dissolution of marriage Islam asked the wife to wait in
her husband's home for a period of 3 months in order to determine whether there's pregnancy or not so
as to reduce the risk of complications when it comes to Paternity or inheritance.

2: A period for mourning and reflection: one of the reason why Allah SWT asked womento observe
Iddah is to serve as a period for mourning and reflection for the wife who lost her spouse, this period
will serve as time to comfort her and try to make her gain mental stability and pass over the grief the
loss of her spouse brought.

3: To preserve dignity and maintain social order: Another wisdom behind Iddah in Islam, is to preserve
the dignity of the woman, also to provide a forum for reconciliation (in the case of divorce). For example
there is an Hadith where prophet SAW instructed Fatima bint Qays to observe Iddah In the house of
Umm Maktum.

4: To prevent hasty marriages.

TYPES OF IDDAH

Generally, they are two types or instances which Iddah(waiting period is expected to be observed in
Islam. Which are:

1: IDDAH AT THE INSTANCE OF DIVORCE(TALAQ): This is the first instance/case where Iddah (waiting
period) is to be observed. When a woman is divorced, she must undergo iddah. This applies whether the
divorce is revocable (where the husband can take the wife back during the waiting period) or irrevocable
(where the marriage cannot be restored). However, the legal ruling containing this particular type of
Iddah can be found in numerous places in the Qur'an and also in the Hadith of the places. Allah SWT
says in suratul Baqarah Chapter 2:228 thus

.”

In another verse again in the Qur'an, Allah SWT says In Suratul Talaq,
 ‫يا ايها النبي إذ طلقتم النساء فطلقو هن العدة هن واحص العد‬.

*Commencement Period for Iddah for divorce: For a woman who is divorced, the iddah period begins
immediately after the divorce is pronounced. The Qur'an makes it clear that the waiting period starts
after the final pronouncement of divorce.

Duration;

The duration for iddah of a divorce woman is three months in total, even though this three months have
been also been classified depending on the state of the divorce woman. The classifications include:

 IDDAH FOR MENSTRUATING WOMEN: The duration of idda for menstruating women is three
menstrual cycle as contained in Suratul Baqarah, Qur'an chapter 2:228. Where Allah SWT Said
thus:
:‫"َواْلُمَطَّلَقاُت َيَتَر َّبْصَن ِبَأنُفِس ِهَّن َثاَل َثَة ُقُر وٍء‬
"Divorced women shall wait [as regards their marriage] for three menstrual periods..

 IDDAH FOR POSTMENOPAUSAL/NON-MENSTRUATING WOMEN: The Iddah period for women

who don't menstruate is three months as contained in the Qur'an, Qur'an chapter 65: 4 where
Allah SWT says thus:
"‫ َوالاَّل ِئي َلْم َيِح ْضَن َفِعَّدُتُهَّن َثاَل َثُة َأْش ُهٍر‬... ‫َوالاَّل ِئي َيِئْس َن ِمَن اْلَمِحيِض‬
"For those who no longer menstruate, their ʿIddah is three months"
 FOR PREGNANT WOMEN: (After Delivery) The waiting Period for pregnant women is until
after delivery as contained in Suratul Talaq where Allah SWT Says
")4 :‫َوُأْواَل ُت اَأْلْح َماِل َأَج ُلُهَّن َأْن َيَضْعَن َح ْمَلُهَّن " (الطالق‬
"And those who are pregnant, their waiting period is until they give birth."

 Non-Consummated Marriage: It is important to note that no Iddah for a marriage that is

not consummated, before Iddah becomes incumbent, the marriage must have been
consummated. The Authority backing up this can be found in Suratul Ahzab Qur'an
33:49 where Allah SWT Says thus:
"‫ َفَما َلُكْم َعَلْيِهَّن ِمْن ِعَّد ٍة‬... ‫( "َيا َأ ُّي َها اَّلِذيَن آَمُنوا ِإ َذا َنَكْح ُتُماْلُمْؤِمَناِت ُثَّم َط َّل ْق ُتُموُهَّن ِمن َقْبِل َأ ْن َتَمُّس وُهَّن‬
"O You who have believed, when marrying a believing women and then divorce them
before you touched them, then there is not for you any waiting period to count
concerning them, so provide them a gracious release".

2: IDDAH AFTER DEATH OF HUSBAND (WIDOWHOOD): This is the second type of Iddah in
Islam, whereby a woman whose husband dies observe this particular waiting period to mourn the dead.

In an Hadith Narrated Fari'ah bint Malik (RA), She says:

"My husband went out in pursuit of some of his slaves and they killed him. The Prophet (peace
be upon him) ordered me to stay in my house until the end of the Iddah period."
[Abu Dawud 2300 – Authentic
 Duration; The duration for iddah of a widow is generally 4 months 10 days save the case of a pregnant
woman. The legal authority regarding this can be found in Qur'an chapter 2:234 where Allah SWT says:

"‫"َواَّلِذيَن ُيَتَوَّفْوَن ِمنُكْم َوَيَذُر وَن َأْز َواًج ا َيَتَر َّبْصَن ِبَأنُفِس ِهَّن َأْر َبَعَة َأْش ُهٍر َوَعْش ًر ا‬
"And those who die and leave wives behind, they shall wait for four months and ten days."

 PREGNANT WOMEN: No specific Iddah duration for pregnant widow, until when she delivers
her baby.

3: ʿIDDAH OF KHULʿ (DISSOLUTION BY WIFE): If a woman initiates divorce through khulʿ (a mutually
agreed upon dissolution of marriage), her ʿIddah is generally one menstrual cycle (according to
Hanafi and Hanbali schools). If the marriage was consummated but khulʿ is initiated, then the
ʿIddah is three menstrual cycles (according to Shafi'i and Maliki schools).

The Prophet (‫ )ﷺ‬told the woman who initiated khulʿ from Thābit ibn Qays to observe one menstrual
cycle.” (Sunan an-Nasa'i)

4: ʿIDDAH OF A GIRL MARRIED BEFORE PUBERTY:

If a girl is married before puberty but the marriage is consummated, her ʿIddah will be three
lunar months after divorce or her husband's [Link] the marriage is not consummated, there is
no ʿIddah required for divorce.
In an Hadith of the prophet, he said thus:
"The ʿIddah of a woman married before puberty but whose marriage was consummated is three
months."

CONDITIONS FOR IDDAH

 The marriage must be consummated
 No remarriage during ‘iddah.

 Stay in husband’s home (for death or revocable divorce).

 No beautification, perfume, or adornment during mourning (after husband’s death).

 Allowed to go out for necessary needs, but should minimize it.

MAINTENANCE DURING IDDAH(NAFAQAH)

Nafaqah (‫ – )النفقة‬Maintenance During ʿIddah

1. Divorced Woman:
A divorced woman is entitled to maintenance (Nafaqah) during her revocable ʿIddah (i.e., thefirst two
divorces). In an Hadith, the prophet SAW says,
“The ʿIddah period includes maintenance, and you must provide for her even if you do not wish to keep
her.” (Sahih Muslim 1482).
Allah SWT also says in the Qur'an: In Suratul Talaq, Qur'an chapter 65:6 thus:

‫ وال تضآروهن‬،‫ من وجدكم‬،‫اسكنو هن من حيث سكنتم‬......

– "Lodge them [in a section] of where you dwell out of your means, and do not harm them in order to
transgress [against them]."

2. Widowed Woman: Awoman whose husband dies is entitled to maintenance during her four months
and ten days of ʿ[Link] husband’s family is obliged to provide financial support during the iddah of
widowhood. However, if the deceased husband left an estate, the maintenance would come from that
[Link] SWT also said in. Suratul Talaq thus:

) – "And if they are pregnant, then spend on them until they give birth."

[Link]-Pregnant Women:For non-pregnant women, during the waiting period, the husband has the
obligation to continue providing for her, especially if the divorce is revocable. This maintenance is meant
to ensure her welfare, as iddah is not simply a period of waiting but also one where her financial stability
should be secured.

3. Woman Married Before Puberty: If consummated, the woman is entitled to maintenance during her
ʿIddah after the death of her husband or divorce.

JURISTIC ANALYSIS

Islamic jurists have generally agreed on the concept and importance of iddah. The Hanafi, Shafi’i, Maliki,
and Hanbali schools of thought all affirm that the iddah serves to confirm paternity, prevent hasty
remarriages, and allow emotional space for the woman. However, there are some variations in their
views regarding the length of the period and the specifics of maintenance.

CONCLUSION

In summary, iddah in Islam is a prescribed period of waiting that ensures clarity regarding paternity,
gives the woman time to grieve, and allows for reconciliation if desired. The Qur'an and Hadith provide
clear guidelines on the commencement, duration, and requirements during this period, including
maintenance and financial support.. The rules of Nafaqah (maintenance) during ʿIddah ensure that
women are not left destitute during their waiting [Link] differences in opinion among the four
major Sunni schools mainly relate to the duration of the ʿIddah, particularly in cases such as khulʿ and
prepubescent marriages, but there is broad consensus on the fundamental principles.