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 mothers 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 Quran 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 Quran 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 Quran clearly
states that meher is a gift from man to a women at the time of
marriage. For this the Quran 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 Quran 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 Quran states:
If any do fail to judge by what Allah has revealed, they
are those who rebel (5:47).