According to Mohammadan law, when a
marriage is dissolved by death/divorce, the woman is prohibited from marrying
another Muslim male within a specified time such duration is known as iddat.
That is to indirectly say an iddat period is only applicable on a Muslim female
not to a Muslim male except dissolution of fourth marriage.
Iddat period is depended upon some circumstances, such as:
Iddat for widow: The iddat period regarding widow is
divided into two circumstances;
·
In Normal situation: In a normal situation, a widow is
prohibited from remarrying before the expiration of four (4) months and ten(10)
days.
·
In Pregnancy: In a pregnancy situation, the widow
has to observe 4 months and 10 days or till delivery of the child, whichever is
longer.
Iddat of Divorce (Talaq): The period of iddat in case of
normal divorce (Talaq) is three(3) months.
Iddat for Irregular
Marriage: The period
of iddat for irregular marriage is defined
;
·
If marriage is not consumed: If the marriage is not consumed in
case of irregular marriage the wife is not bound to observe any iddat period.
·
If marriage is consumed: If the marriage is consumed in case
of irregular marriage the wife is bound to observe iddat for a period of three
(3) months.
If the wife gets the information of dissolution of marriage
after the expiration of a specified period, need not to observe any iddat.
What are the effects/results of a void marriage?
A void marriage does not have any
effects or result in the eye of law. A void marriage is merely a relationship
which is illegal in the eye of law that means courts are not bound to give
remedy to the parties if problems arise. A void marriage does not create any
rights or obligations for both husband and wife. As void marriage does not have
any existence in the eye of law, so nobody will e entitled to get solutions
from the court of law. If there any conflicts creates between husband and wife arise
from a void marriage, both of them will not get remedy or will not be entitled
to get help from the court.
Remedies:
The following
table chart is made on the base of effects of court in different types of
marriages. There are three kinds of marriages in the eye of Muslim law i.e.
valid, irregular, & void. The former is entitled to get direct remedy from
the court and rests of two are not entitled to get help from court.
|
Serial
No.
|
Types of
Marriages
|
Entitle
to get remedy from Court ?
|
||
|
Yes
|
May be/ Not
|
No
|
||
|
1.
|
Valid
|
|
|
|
|
2.
|
Irregular
|
|
|
|
|
3.
|
Void
|
|
|
|
In short, it can be said that if the marriage is third one,
from the above categories, is not entitled to get help from court even such
marriage will not go to the court if conflict arise. On the other hand, valid
marriage is entitled to get help from the court.
Written
With The Help Of Refference Book:
1.
Mulla’s
Principles Of MAHOMEDAN LAW (19th Edition)
Written By: M. Hidayatullah
& Arshad Hidayatullah (India).
2.
Text Book Of MOHAMMEDAN LAW (23rd
Edition)
Written By: Aqil Ahamad
(India).
3.
MUSLIM
LAW
(17th Edition-2014)
Written By: Syed Khalid
Rashid.
Revised By: Prof. V. P.
Bharatiya (India).
4.
Text Book On ISLAMIC LAW
[Including
Statutory Family Laws]
Reprint: May
2009(1st Edition)
Written By: Dr. Muhammad
Faiz-Ud-Din (Bangladesh).
5.
MUSLIM LAW (1st
Published-March,2012)
2nd
Pirnt: August,2013
Written By: Salena Akter;
A.N. M Arifur Rahman;
Md. Jahid Hossain Dolon(All are Bangladeshi).
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