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The directive within the Quran (Al-Baqarah 2:234-235), regarding the waiting period for a widow, is: If any of you die and leave wives behind, they shall wait concerning themselves four months and ten days: When they have fulfilled their term, there is no blame on you if they dispose of themselves in a just and reasonable manner.
Abdullah ibn Masud reportedly described it as the shorter version of the surah An-Nisa. [3] The surah also defines the time period of mourning ( iddah ) to be three menstruation periods. For pre-menarche girls and for post-menopause women - three months.
The waiting period is intended to give the couple an opportunity for reconciliation, and also a means to ensure that the wife is not pregnant. Resumption of sexual relations automatically retracts the repudiation. The wife retains all her rights during the waiting period. The divorce becomes final when the waiting period expires.
A woman cannot marry after divorce or the death of her husband for a certain period. This period is known as iddah. A divorcée in between menarche and menopause has iddah for three menstrual cycles, no matter how long it takes. A divorcée as well as a widow after menopause has the iddah of 3 months and 10 days.
According to the majority opinion, which includes the reliable position in the Hanafi, Maliki, Shafi'i and Hanbali schools, the waiting period for khul' is the same as the waiting period for talaq, and a minority opinion limits it to a single period. [13] If a woman has already gone through menopause, she must wait three calendar months.
The husband can revoke the divorce at any time during the waiting period ('iddah) which lasts three full menstrual cycles. Resumption of sexual relations automatically retracts the repudiation. The divorce becomes final when the waiting period expires. This is called a "minor" divorce (al-baynuna al-sughra) and the couple can remarry.
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Divorced women are entitled to maintenance from their former husband not only for the iddat period but also to reasonable and fair provisions for future maintenance. S.3 of the Muslim Women (Protection of Rights on Divorce) Act has to be given under the liberal interpretation to help divorced women. K. Zunaideen v. Ameena Begum (1998) 1 ctc 566 ...