IDDAT – THE WAITING PERIOD

1. For divorced women three (menstruation) periods are specified after the commencement of divorce (2:228). Therefore, divorce should be initiated when the women is free from her period (65:1).

2. For the women who is post-menopausal or amenorrheoic(has no periods) their period of waiting is also three months (65:4).
 

3. An expectant mother’s period is until the birth of her child (65:4). She is to declare her pregnant state and let her husband know she is with child (2:228).

4. In the case of an unconsummated marriage there is no period of waiting and the women can marry anytime (33:49).
 

5. A widow has to wait for four months and 10 days before she can re-marry (2:224). For an expectant widow there is no separate rule and the rule in section III(3) will apply.
 

MEHER (DOWER)
1. After declaring which women are forbidden for marriage in (4:23-24) the Qur’an has allowed other women for marriage provided ‘something’ has been paid (4:34) and (5:5). This paying of something in kind is termed ‘meher’ (dower). However, the word meher has not been used by the Qur’an anywhere. Instead the terms ‘sadqa’, ‘ajoor’ or ‘fareeza’ have been used. These words are used according to the Arabic style, otherwise ‘ajoor’ does not mean that ‘meher’ is the compensation for some service. The Qur’an clearly states that meher is a gift from man to a women at the time of marriage. For this the Qur’an has used the word ‘nehla’ (4:4), which means giving a gift without expecting anything in return:

‘And give the women (On marriage) their dower as a free gift, but if they of their own pleasure, remit any part of it to you, take it and enjoy it with right good cheer’ (4:4).
 It is also referred as ‘fareeza’ in (2:236), which means a duty.

2. The Qur’an has not fixed any specific amount for meher. Whatever is fixed by mutual consultation between the parties is meher. Since its payment is compulsary, therefore it should be according to the ability to pay of the man intending to get married (4:20) and also (2:236).

3. Meher should be paid at the time of holding of nikaah. If it is not fixed prior to the nikaah the question of its payment will not arise (2:236).

4. Meher wholly belongs to the women getting married. However, if she wishes she can forgo any or whole of it (4:4) or by mutual consultation it can be increased or decreased. However, it should not be done by force (4:24).

5. After nikaah but before consummation of the marriage if divorce takes place as stated earlier then:

a) If meher was not fixed then man according to his ‘ability to pay’ should give something to women (2:236)

b) If meher was fixed half will be paid to women. However, women or her guardian or the court making a decision for the dissolution of the marriage, can decide to forgo the payment (2:237)

6. If women is involved in any indecent act the meher can be reduced (4:19)

7. If women asks for dissolution of her marriage then if the court considers it necessary, she may have to pay something (2:229). But this does not necessarily mean the repayment of meher.
 

To conclude, the Qur’an states:
‘If any do fail to judge by what Allah has revealed, they are those who rebel’ (5:47).