PERIOD OF IDDAH

AND RUJUK
Period of ‘iddah
• Definition of ‘iddah
• The Arabic word ‘iddah mean counting or
enumerating.
• Islamic Law – the prescribed period or waiting
period that a woman has to observe after divorce
from a valid marriage or after the death of her
husband
• Reasons need to observe period of iddah:
• Divorce
• Death
• Why is there a need to observe period of iddah?
• To ensure a woman’s womb is clean before the
woman remarry with another man
• It would give spouses a chance to return to their
marital life
• To help the woman in showing grief over the
passing away of her husband
• To help the woman in showing her loyalty and
emotional attachment to her previous life mate
Authorities
• Al-Talaq:1
• Al-Ahzab: 49
• Al-Baqarah: 228
• Al-Baqarah: 234
• Al-Talaq : 4
• “O Prophet! When ye do divorce women, divorce
them at their prescribed periods, and count (
accurately) their prescribed periods: and fear all your
Lord: and turn them not out of their houses, nor shall
they (themselves) leave, except in case they are guilty
of some open lewdness. Those are limit set by Allah:
and who transgresses the limits of Allah, does verily
wrong his own soul, …
(Al-Talaq:1)
• “O you who believe! When you marry the believing
women, then divorce them before you touch them,
you have in their case no term which you should
reckon, so make some provision for them and send
them forth a goodly sending forth.”
(Al-Ahzab:49)
 Types of iddah

Iddah quru’

Iddah by month

Iddah due to death of a husband

Iddah of a pregnant woman

Iddah quru’
• Al-Baqarah: 228

“Divorced women shall wait concerning themselves for

three monthly periods. Nor it is lawful for them to hide
what Allah has created in their wombs, if they have faith
in Allah and the Last Day. And their husbands have the
better right to take them back in that period, if they wish
for reconciliation…”
• Quru’ means three menstrual cycle.
• So period of iddah of a divorced wife is three
menstrual cycle.
Iddah according to month
• For women who have passed the age of monthly menstrual
period, and for those who have no menstrual period, their
iddah period is three months.
• “And those of your women as have passed the age of
monthly courses, for them the 'Iddah (prescribed period), if
you have doubts (about their periods), is three months, and
for those who have no courses [(i.e. they are still immature)
their 'Iddah (prescribed period) is three months likewise,
except in case of death] . And for those who are pregnant
(whether they are divorced or their husbands are dead),
their 'Iddah (prescribed period) is until they deliver (their
burdens), and whosoever fears Allah and keeps his duty to
Him, He will make his matter easy for him.”
• (At-Talaq:4)
Death of a husband
• “And those of you who die and leave wives behind
them, they (the wives) shall wait (as regards their
marriage) for four months and ten days, then when
they have fulfilled their term, there is no sin on you if
they (the wives) dispose of themselves in a just and
honourable manner (i.e. they can marry). And Allah is
Well-Acquainted with what you do.”
(Al-Baqarah:234)
A pregnant woman
• “And those of your women as have passed the age
of monthly courses, for them the 'Iddah (prescribed
period), if you have doubts (about their periods), is
three months, and for those who have no courses
[(i.e. they are still immature) their 'Iddah (prescribed
period) is three months likewise, except in case of
death] . And for those who are pregnant (whether
they are divorced or their husbands are dead), their
'Iddah (prescribed period) is until they deliver (their
burdens), and whosoever fears Allah and keeps his
duty to Him, He will make his matter easy for him.”
(At-Talaq:4)
 Ruju’
• Rujuk – resumption of conjugal relationship
• Where the divorce is revocable divorce i.e divorce by
one or two talaq not followed by completion of the
iddah, the parties can recohabit or resume conjugal
relationship within the period before the divorce has
become irrevocable.
Authorities
• Surah al-Baqarah: 228
• Surah al-Baqarah: 231
• Surah al-Talaq: 2
• Al-Baqarah: 228

“Divorced women shall wait concerning themselves for

three monthly periods. Nor it is lawful for them to hide what
Allah has created in their wombs, if they have faith in Allah
and the Last Day. And their husbands have the better right
to take them back in that period, if they wish for
reconciliation…”
• Al-Baqarah:231

• “When ye divorce women, and they fulfil the term of

their (`Iddah), either take them back on equitable terms
or set them free on equitable terms; but do not take
them back to injure them, (or) to take undue
advantage; if anyone does that he wrongs his own soul.
Do not treat Allah's Signs as a jest, but solemnly rehearse
Allah's favours on you, and the fact that He sent down
to you the Book and Wisdom, for your instruction. And
fear Allah and know that Allah is well acquainted with
all things.”
• Surah al-Talaq: 2

• “So when they have reached their prescribed time, then

retain them with kindness or separate them with
kindness, and call to witness two men of justice from
among you, and give upright testimony for Allah. With
that is admonished he who believes in Allah and the
latter day; and whoever is careful of (his duty to) Allah,
He will make for him an outlet.”
 Methods of rujuk
Shafie – must pronounce in words either sarih or kinayah.

Hanafi –must prounounce in clear words.

Hanbali – pronounce in clear words, sexual relationship.

Maliki – must have intention to rujuk.

Jumhur – must pronounce in words and also action.

STATUTORY PROVISION

Section 51 of IFLA (1)- (9)

EXAMPLES OF CASES
 Cases

SITI HAWA v. MOHAMED REDZUAN (1990) 1 JH 180

-It was held by the Selangor ShariahAppeal Board that the

pronouncement of rujuk by the husband in the presence of
two witnesses was valid even without the consent of the wife.

-The wife could however refer the case to the Conciliatory

Committee and to Hakam.
 • The husband claimed to have rujuk his wife but did not
produce witnesses and the rujuk was disputed by the
wife who had not consented to it. Selangor Shariah
NORYATI v. Appeal Board (SSAB) held that the rujuk was not valid
.SSAB further held that for a rujuk to be valid and
HAMID effective, it must be witnessed by two just witnesses. In
that case, there was also uncertainty as to when the
(1990) 9 JH husband pronounced the rujuk i.e. whether it was
before or after the lapse of the iddah period.
117 • If the rujuk is not established by the resumption of
cohabitation and the wife does not consent to the
rujuk and does not agree to resume conjugal relations
with the husband, the court should appoint a
Conciliatory Committee under section 47 of the
Enactment.
 RAMLI v. SALLEH AND BUNGA(1982) 7JH 40
The couple had gone through three divorces
• A talaq on 29/10/1980 which was revoked on 22/11/1980,
• An unregistered talaq at a private house on 29/7/1981 which was revoked on the same
night,
• Another talaq at pejabat kadi on 18/5/1982 which was revoked on 22/5/1982.
• The 2nd respondent gave evidence that they were not satisfied with the talaq 29/7/1981
as the Imam was not present at that night.
• The court stated that under hukum syarak it is not compulsory for such divorce to be
witnessed by an imam.
• The learned Kadi annulled the rujuk pronounced on 22/5/1982 as the parties had been
divorced three times and also ordered the husband to register the divorce and rujuk
which took place on 29/7/1981.
 NORSHINAH BTE
KAMARIDUN
V Principle: rujuk by
way of conduct i.e

BAHARUDDIN BIN sexual intercourse is

not valid.

OTHMAN [2005]
4 SHLR 158
THANK YOU
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