Importance of completing Iddah after Talaq

A Muslim woman who got Talaq from her husband is obliged to fulfil the Iddah (or waiting period) before getting married elsewhere. If she does not complete the Iddah, her marriage is invalid according to Islamic Shariyah. The period of Iddah is three menstruation cycles. Regarding the Iddah, Allah (SWT) says in the Quran, 'Divorced women remain in waiting for three monthly cycles (before they can remarry). It is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the last Day (of resurrection)...' (Sura Baqrah, 2: 228). The portion of the verse “It is not lawful for them to conceal what Allah has created in their wombs...” directly points to the core wisdom (Hikmah) behind Iddah. The explicit wisdom behind Iddah is that, by waiting for three menstrual cycles or three months, it becomes absolutely clear whether the wife is carrying a child of her previous husband. This prevents the mixing of lineages (Ikhtilat al-Ansab), ensuring that a child’s paternity is never confused, which is essential for inheritance rights and family identity as well. This protection of the purity of human lineage is one of the fundamental objectives of Shariyah (Maqasid As-Shariyah).

If the woman is pregnant, the Iddah lasts until childbirth, and if she does not menstruate, the period is three months. These stipulations are explicitly mandated in the Holy Quran, where Allah (SWT) says, 'And those who no longer expect menstruation among your women – if you doubt, then their period is three months, and (also for) those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allah – He will make for him of his matter ease.’ (Sura Talaq, 65: 04).  On the other hand, when a woman’s husband passes away, her Iddah (waiting period) is established as four lunar months and ten days. It is also mentioned clearly in the Quran. Allah (SWT) says: And for those of you who die and leave wives behind them – let them (the wives) observe a waiting period of four months and ten days. And when they have fulfilled their term, there is no blame upon you for what they do with themselves in an acceptable manner. And Allah is acquainted with what you do. (Sura Baqarah, 2: 234).

As a divorced woman remains under her husband's legal marriage during her waiting period (Iddah) according to the law of Shariyah, if the woman contracts another marriage before completing this period, her marriage is totally invalid. This is because it is completely impermissible for a woman to be under the marriage of two husbands at the same time. Sometimes, when a married woman is caught in an act of adultery with another man, local arbitrations mistakenly marry her off to the paramour immediately. This is done without ensuring a formal divorce from her current husband or the mandatory completion of her waiting period (Iddah). Religiously and legally, this immediate marriage is completely void (Batil), as a woman cannot enter a new marriage while still legally bound to her previous husband. Allah, the almighty, says in the Quran, 'Forbidden to you for marriage are your mothers, your daughters, your sisters ...” Also (forbidden are) married women..(Sura Nisa,4: 223-24).

If a married woman elopes with their paramours to contract another marriage while she is still bound to her first husband, such a marriage is also completely invalid in Islam because the woman has neither formally gotten Talaq from her husband nor dissolved the marriage through Khul’a. Since the first husband has not pronounced Talaq to her nor has she dissolved the marriage through Khul’a, she remains legally and religiously under his marital bond, making any subsequent marriage null and void. Therefore, any marriage contracted through elopement without a prior legal divorce holds zero validity, and the relationship is considered continuous adultery. For any new marriage to be valid, she must first be formally divorced and fully complete her mandatory waiting period (Iddah). On the other hand, Bangladeshi laws also strictly prohibit and penalise remarrying without a valid termination of first marriage and the completion of the Iddah. According to Section 494 of the Penal Code, 1860, marrying again during the lifetime of a husband constitutes bigamy and is punishable by up to seven years of imprisonment and a fine.

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The writer is Khatib of Baitush Shafiq Mosque and Principal of Baitul Hikmah Academy, Gazipur