Regulations Concerning the Waiting Period of Divorced Women
The legal rulings regarding the waiting period (iddah) encompass various aspects and issues. It is essential to understand the concept of iddah, its duration, the conditions that necessitate it, and other related matters.
Definition and Conditions of the Waiting Period for Divorced Women
The waiting period for a divorced woman refers to her prohibition from remarriage during a specified duration set forth by Islamic law. This period is often referred to as “the time of reflection after divorce.” During this time, the divorced woman is not permitted to marry until her iddah is completed. To reinforce this understanding, Allah states: (وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ), which implies that a husband has the right to take back his wife during her waiting period. The duration of the waiting period varies based on whether the woman experiences menstruation. For those who do menstruate, the iddah is determined to be three menstrual cycles, as indicated by Allah’s words: (وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاثَةَ قُرُوءٍ). Conversely, for women who do not menstruate due to age or other reasons, their waiting period is three months, as stated: (وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ). If the divorced woman is pregnant, her iddah concludes when she gives birth, as Allah says: (وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ). The conditions that necessitate the waiting period include the validity of the marriage contract and that the separation occurred after consummation through divorce or annulment. However, if the divorce occurred before consummation, the woman is not required to observe an iddah, as clarified by Allah: (ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا).
The Connection Between the Waiting Period of Divorced Women and the Possibility of Reconciliation
If a husband divorces his wife for the first or second time and seeks to reconcile during her waiting period, he is permitted to do so without the need for a new marriage contract. Should the iddah expire without reconciliation, the divorce is considered irrevocable, allowing her to remarry another man. If he wishes to reconcile after the waiting period has concluded, a new contract and dowry are required, along with her consent. Both the first and second divorces share similar rulings; the husband may reconcile with her during the waiting period without a new contract. However, once the waiting period concludes for either the first or second divorce, reconciling under the previously mentioned conditions becomes necessary. This form of divorce during the waiting period is referred to as a revocable divorce (الطلاق الرجعي). If the waiting period ends without reconciliation, it is termed an irrevocable divorce of minor separation (بائنة بينونة صغرى). If the husband issues a third and final divorce, and the waiting period concludes, she becomes permanently prohibited for him until she marries another man and has a lawful marital relationship with her new husband.