Regulations Concerning the Waiting Period of a Divorced Woman in Case of Irrevocable Divorce
The regulations regarding the waiting period (Iddah) for a woman who has been irrevocably divorced vary due to the multitude of issues associated with this concept. However, the most significant rulings can be summarized under the following headings:
Duration of the Waiting Period for Irrevocably Divorced Women
The waiting period for a woman who has undergone an irrevocable divorce differs based on her circumstances. Scholars have affirmed, in accordance with Islamic texts, that:
- A divorced woman who experiences her menstrual cycle must observe three menstrual periods. Her waiting period concludes after the third cycle ends following the divorce.
- A divorced woman who is beyond the age of menstruation, or who does not menstruate due to other reasons such as being too young, has a waiting period of three months.
- If the divorced woman is pregnant, her waiting period concludes upon the delivery of her child, regardless of the duration of the pregnancy.
Categories of Irrevocable Divorce
Irrevocable divorce is primarily divided into two main categories:
- Minor Irrevocable Divorce: This type of divorce does not allow the husband to reconcile with his divorced wife unless through a new marriage contract. It includes divorces that occur before consummation and valid Khula divorces according to the predominant views of scholars.
- Major Irrevocable Divorce: This is the outcome of the third instance of divorce and prohibits the husband from remarrying his wife until she has married another man and consummated that marriage. According to the Kuwaiti Jurisprudential Encyclopedia, the condition for her marriage with another man requires that he must have had a legitimate consummation with her, after which he must part with her, and her waiting period must conclude before she can remarry her first husband.
Regulations for the Waiting Period of Irrevocably Divorced Women
The regulations surrounding the waiting period of an irrevocably divorced woman are extensive; however, it is essential for the divorced woman to be aware of the following points:
- The waiting period commences from the date of the divorce, not from the date it is registered or recognized by the courts or Shariah authorities.
- According to the Hanafi school and others, a waiting period is requisite following a valid marriage, either after consummation or after a legitimate privacy (Khalwa), which is treated similarly to consummation.
- A woman in the waiting period from an irrevocable divorce is regarded as a non-relative to her ex-husband, which means he is prohibited from having any form of intimate relationship, cohabitation, or privacy with her, as the marital rights between them have ceased.
- A divorced woman—whether through irrevocable divorce, revocable divorce, or due to her husband’s death—is not permitted to remarry during her legal waiting period.
- The appropriate location for the waiting period is the marital home. The woman must remain at this residence during her waiting period and cannot leave except for legitimate reasons. Additionally, the divorced husband or his heirs cannot force her to leave the marital home while she is observing her waiting period.