 It is derived from the word al-’Adad which

means the number

 Literally ‘iddah means ‘to count’
 Technically it means period of waiting by a
woman on the dissolution of the marriage
after consummation or on the demise of her
husband
 ‘Iddah is wajib on the wife
 Al-Talaq : 1, 4, 6
 Al-Baqarah : 228
 Al-Ahzab : 49
 Hadith of the Prophet
 ““O Prophet! When you divorce women,
divorce them at their prescribed periods” at-
Talaq: 1
 Whether the woman is having a child of the
former husband so that there may be no
confusion about the paternity of such a child if
the woman seeks to remarry
 During this period it gives the spouses time for
rethinking and reconsideration in the interests
of family and children
 Mark of sorrow or respect to the husband
 2 Division
 Due to Divorce or separation
 Due to Death of husband
1) ‘Iddah Quru’
 3 Quru’
 “ Divorced women shall wait concerning
themselves for three monthly periods’
al-Baq: 228
 For the woman who is divorced and still
having menstruation
 The fuqaha differs on the meaning of quru;
 The Shafi’is
 Quru’ means clean period (al-tuhr)
 The Hanafis
 Quru’ means menstruation (haid)
2) ‘Iddah Months
- 3 months
“ Such of your women As has passed the age of
monthly courses, for them The prescribed
period, if you have any doubts, is three months
and for those who have no courses (is the
same)…” at-Talaq:4
-
3) Pregnant women – at-talaq: 4
- Until delivery of the baby
“For those who carry (life within their wombs),
Their period is until They deliver their
burdens”
4)‘Iddah of A woman whose marriage was not
consummated
- No ‘Iddah
 “O ye who believe: When you marry beleiving
women and then divorce them before you have
touched them, no period of ‘iddah have you to
count in respect of them” - al-Ahzab: 49
1) ‘Iddah Months
 4 months ten days

“ If any of you die and leave widows behind:

they will wait concerning themselves four
months 10 days” al-Baq: 234
 Hadith: “ It is not permissible for a woman
who believes in Allah and the day of
judgement mourn more than three days
unless to mourn on her husband death 4
months 10 days”
2) Pregnant Woman at-Talaq :4
 Hadith: Based on the case of Sabi’ah bint
Harith who delivered after the death of the
husband and the Prophet said that she has
completed the ‘iddah immediately after the
delivery
3) ‘Iddah of A woman whose marriage was not
consummated
 4 months 10 days al-Baq:234
 Section 47 (16) of the IFLA, 1984
 To return the divorced woman in talaq other
than talaq ba’in to the marriage during
‘iddah period without new ‘aqad
 Surah al-Baqarah : 228
 Surah al-Baqarah : 231
 Surah al-Talaq : 2
 “And their husbands have better rights to
take them back in that period if they wish
reconciliation” Al-Baq: 228
 Divorce is a revocable divorce (talaq raj’i)
 During subsistence of ‘iddah period
 Unconditional

 (Sha’ban p. 425)
 Through Words either Sarih or Kinayah
* Sarih will be effective without intention
* Kinayah only effective with intention
 Through Action

*e.g. Sexual Intercourse

• Hanafi – effective even without intention

• Maliki – Effective with intention

• Shafi’e – Ruju’ is not effective through action

. Ruju’ is only through words
 Section 51 of the IFLA, 1984
 Ramli v Bunga
 Siti Hawa v Mohd Redzuan

 Noryati v Hamid

 Haslina bte Abd Majid v Jamel

bin Mat Noh [2006] 4 ShLR 60
 Ramli (an Imam) applied to have a ruju’ between the couple
annulled as the husband had divorced the wife for the 3rd
time
 The husband divorced the wife for the first time on the
29/10/1980 and ruju’ the talaq on the 22/11/1980
 He divorced her for the 2nd time on 29/7/1981 and ruju’ the
talaq on the same night but had not been registered
 He divorced her again on the 18/5/1982 and attempted to
ruju’ it on the 22/5/1982
 The Qadi annulled the ruju’ as the parties had been
divorced three times and also ordered the husband to
register the talaq and ruju’ which took place on the
29/7/1981
 The husband divorced his wife on 14
August 1989 but he revoked the divorce on
27 August 1989
 The qadi held that ruju’ was valid
 The wife appealed and stated that she did
not want to go back to the husband
 The Appeal Board said that it had no option
but to confirm the ruju’
 The wife could apply under section 51 (9) of
the Selangor’s Act to refer the case to the
Conciliatory Committee
 The husband had divorced his wife on 4
November 1988
 Later he had ruju’ his wife on 3 February 1989
 Actually he had already pronounced ruju’ on 19
January 1989
 There was uncertainty as to the exact date of the
ruju’
 The qadi declared that the ruju’ pronounced on
19 January 1989 was valid and ordered it to be
registered
 The wife appealed
 The ruju’ could not be held to be valid as the
husband had not produced two credible
witnesses relating to the ruju’
 There was uncertainty as to the exact date of
the ruju’
 According to section 51 of Selangor
Enactment it is only the ruju’ which takes
place by mutual consent of the parties after
divorce and before the expiry of the iddah
period which can be registered by the
Registrar
NORA ABDUL HAK, AIKOL
 Husband pronounced two divorces. The
second talaq was pronounced after one year
 Issue is whether the ruju’ which was
pronounced in between is valid
 Husband has pronounced Ruju’ 3 weeks
after the first pronouncement
 Court held that the ruju’ is valid as the wife
is still within ‘iddah period