Maintenance during Iddat

A place to observe Iddat :

It is compulsory to observe the Iddat period in the same house where the woman was residing permanently at the time of her husband’s death or in case of dissolution of marriage.

If a woman receives the news of her husband’s demise while she was on a journey, she is supposed to immediately return to the place of her residence to observe her Iddat, provided that her home is within the reach not beyond, else she could return upon reaching the destination.

A woman who was sent to her parental home should return to the home of her husband, upon her husband’s demise to complete her Iddat there because according to the rule, Iddat is completed in the house which is the permanent residence of a wife. Her parents’ house is not considered a permanent residence.

Maintenance during Iddat

During the Iddat period, a Muslim wife is not entitled to claim maintenance out of her husband’s estate as she is herself an heir to it. This is because the liability of maintaining the wife lies only on the husband and not on the other heirs. If she did not receive her dower (Mehr) nor did she renounces it, she would be entitled to receive it as a first charge from his estate.

Absence of Proper Witness:

Contracting of marriage must be done in the presence of proper and competent witnesses.

Under the Shia law, the presence of a witness is not essential and marriage without witnesses is considered valid.

Marriage is contracted by the parties themselves (if major) or by their guardians themselves. Under Sunni law, the presence of a witness is essential else the marriage would be irregular.

At least two male or one male and two female witnesses should be present and the witness should be a major, of sound mind and a Muslim.

Miscellaneous Prohibitions :

Marriage during the pilgrimage is considered void in Shia law. In Sunni and Shia Laws, a man who has come within the sacred place of Ka’ba and put on pilgrimage’s dress, may not enter into a contract of marriage while on the pilgrimage.

When a person is on HAJJ ( holy pilgrimage to Mecca ), he can’t marry or even propose marriage. Likewise, kissing and touching with sexual desire is also prohibited.

Re-marriage between Divorced Couple: A certain procedure needs to be followed in which a Muslim lady has to perform a valid marriage with another man. Then her husband needs to voluntarily divorce her. Then the lady needs to perform iddat. Now she can marry her previous husband. If this procedure is not followed the marriage is considered irregular.

Polyandry: It refers to a condition in which a woman can have more than one husband. It is not permitted under Muslim law.

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