ʿIddah refers to the period during which a woman must wait after separating from her husband before she can remarry. For more information, stay with Saed News.
Marriage is a highly valued institution in human society that brings mutual satisfaction to both partners. However, sometimes couples may not find the expected satisfaction and choose to divorce. According to Islamic law, after divorce, a woman must observe a waiting period (ʿIddah) before marrying another man.
The waiting period refers to the time during which a woman, after her husband’s death or divorce, is not allowed to remarry. If she does, the marriage is considered invalid. Women who have separated from their husbands must observe menstrual cycles as part of the waiting period. If the divorce is revocable (ṭalāq rajʿī), this allows the husband to reconcile with his wife. Even in cases of irrevocable divorce, the waiting period is observed out of respect for the previous marriage. A woman must also observe the waiting period to confirm the absence of pregnancy, ensuring that if she is carrying a child, it can develop healthily. A widow must observe ʿIddah both in respect of her late husband and to protect the unborn child, if present.
If a woman marries another man during the waiting period, the marriage is invalid. If both parties knowingly violate this rule, they are forever prohibited from marrying each other.
In the case of a revocable divorce, the husband has the right to reconcile with his wife before the waiting period ends. During this time, their marital rights and responsibilities remain in place. For example:
The husband must continue to provide financial support (nafaqa) to his wife.
If either spouse dies, the other will inherit from them.
If either spouse engages in extramarital relations during the waiting period, and they meet the conditions for legal punishment (iḥṣān), they may be subject to the prescribed penalty for adultery.
In a permanent marriage, the waiting period after divorce is three menstrual cycles for women who menstruate. If a woman does not menstruate but has not yet reached menopause, her waiting period is three months.
In a temporary marriage (mutʿah):
If a woman does not menstruate but is of reproductive age, the waiting period is one and a half months (45 days).
If she menstruates, the common ruling is two menstrual cycles. However, other opinions exist, including one cycle, one and a half cycles, or two periods of purity. Iranian law has adopted the ruling of two periods of purity.
Postmenopausal women (who no longer menstruate).
Prepubescent girls (even if they consummated the marriage).
If a woman has been divorced irrevocably (ṭalāq bāʾin) and is a virgin, it is permissible for a man to propose to her.
If the woman is non-virgin and had a consummated marriage, proposing is discouraged but not prohibited.
Proposing to a woman in a revocable divorce is strictly forbidden, as she is still considered married.
If a husband has been missing for an extended period with no trace of him being alive or dead, the wife may apply for legal recognition of his absence. If he has left financial support or if someone provides for her, divorce is not permitted. However, if she has no support, she can petition the court. After four years of searching, if the husband remains missing, the religious authority (ḥākim sharʿī) may issue a divorce. Following this, she must observe a waiting period of four months and ten days. If the husband returns during this time, he may reconcile with her.
If a woman remarries during her waiting period, the marriage is invalid. Additionally, if a man knowingly marries a woman in her waiting period, the marriage is invalid, and he may face legal punishment. If both parties are aware of the prohibition, they may also be punished. According to Islamic penal law, intentionally violating the waiting period may result in six months to two years of imprisonment or a fine ranging from 3 to 12 million rials.
Moreover, if a woman is already married or in her waiting period, she must not falsely present herself as single.
