DNA Explainer: What is Iddat in Islam? How does UCC change this

The historic Uniform Civil Code (UCC) 2024 Bill was passed by the Uttarakhand Assembly on Wednesday. Once the state governor gives his or her assent, the bill will become an Act. A number of changes to standardise marriage, divorce, and inheritance rights amongst religions have been included in the much-anticipated Bill. The Uttarakhand government had promised the UCC as part of the poll. 

The Muslim Personal Law (Shariat) Application Act of 1937 in India regulates Muslim personal laws, allowing Islamic laws to be applied in personal legal relationships. Previously, personal laws were not considered a fundamental right under Article 13 of the Constitution. However, in 2021, the Supreme Court ruled that personal laws must meet constitutional validity and morality, preventing violations of Articles 14, 15, 21. However, the UCC Bill bans polygamy, Halala, and Iddat in India.

Let's learn about what is Iddat?

Islam's "period of waiting," known as iddah or iddat, is the time a woman must observe following her husband's death or divorce, during which she is not allowed to remarry. Eliminating any uncertainty regarding the paternity of a child born following the divorce or death of the previous spouse is one of its primary goals.

As per  UCC Bill the practices of iddat, halala, and polygamy in India will be banned. UCC also criminalises this practice and provides for imprisonment of up to 3 years and Rs 1 lakh fine.

Earlier, the Supreme Court held that “though the personal law of Muslims permitted having as many as four wives it could not be said that having more than one wife is a part of religion. Neither is it made obligatory by religion nor is it a matter of freedom of conscience."

Imran Khan and Bushra Bibi were convicted because of Iddat

In the Iddat case, Imran Khan, the former prime minister of Pakistan, and his wife were both given seven-year sentences on Saturday by a Pakistani court. The case questioned the legality of their marriage, calling it "un-Islamic."

The most recent ruling, which was rendered on a Saturday, concerns the "un-Islamic marriage case," which Bushra Bibi's ex-husband started. Khan has been convicted three times in the last week while being held in Rawalpindi prison on more than a hundred charges. Following his conviction in the "iddat" case, Khan denounced the case, claiming it was an attempt to "humiliate and disgrace" both him and his spouse. He said, This marks the first instance in history where a case related to iddat has been initiated.”

The ex-husband of Bibi, Khawar Maneka, filed a complaint against the marriage in November of last year. Maneka claims that Bushra Bibi divorced him on September 25, 2017, and on January 1, 2018, she wed Imran Khan without waiting the full three months for the iddat. 

He said that this was an affront to the dignity and honour of him and his family, and that it violated both Muslim personal law and Sharia law. The court, however, rejected their defences and declared them guilty of breaking both the Muslim Personal Law and the iddat regulations. The court fined them each Rs 500,000 and gave them sentences of seven years in prison. In addition, the court ruled that their marriage violated Sharia law and was void.