Muslim Maintenance and Iddat Questions and Answers

Q: Iddat period, in case of a divorced woman, if she is subject to menstruation, means:-

For a divorced woman who menstruates, iddat is three menstrual courses after the date of divorce.Under Muslim law a woman whose marriage has been dissolved by divorce must observe iddat before remarrying, so that paternity of any child is not in doubt. If she is subject to menstruation, the period is three courses; if she is not, it is three lunar months; and if she is pregnant, it lasts until delivery.Six months and nine months are not periods recognised for iddat of divorce, and nine menstrual courses has no basis. (Iddat on the husband's death is a different period, four months and ten days.)

Q: Which of the following judgements was nullified in effect by Muslim Women (Protection of Rights on Divorce) Act 1986 ?

The Act nullified in effect Shah Bano's case.In Mohd. Ahmed Khan v. Shah Bano Begum (1985), the Supreme Court held that a divorced Muslim woman unable to maintain herself could claim maintenance from her former husband under Section 125 of the Code of Criminal Procedure beyond the iddat period. Parliament responded with the Muslim Women (Protection of Rights on Divorce) Act, 1986, which was designed to limit the husband's obligation and so undo the effect of the judgment.Danial Latifi v. Union of India (2001) later upheld the 1986 Act while reading it to require a fair provision for the wife's future, so it interpreted the Act rather than being nullified by it. Sarla Mudgal (1995) concerned conversion to Islam to contract a second marriage.

Iddat period, in case of a divorced woman, if she is subject to menstruation, means:-

A.Three menstrual courses after the date of divorce.
B.Six months period after the date of divorce.
C.Nine menstrual courses after the date of divorce.
D.Nine months period after the date of divorce.

Exam Year(s)

Rajasthan High Court Civil Judge - 2018, Rajasthan Judicial Service - 2018,

Answer: A

For a divorced woman who menstruates, iddat is three menstrual courses after the date of divorce.

Under Muslim law a woman whose marriage has been dissolved by divorce must observe iddat before remarrying, so that paternity of any child is not in doubt. If she is subject to menstruation, the period is three courses; if she is not, it is three lunar months; and if she is pregnant, it lasts until delivery.

Six months and nine months are not periods recognised for iddat of divorce, and nine menstrual courses has no basis. (Iddat on the husband's death is a different period, four months and ten days.)

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Which of the following judgements was nullified in effect by Muslim Women (Protection of Rights on Divorce) Act 1986 ?

A.Daniel Latifi’s case
B.Shah Bano’s case
C.Sarla Mudgal case
D.Ayesha’s case

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: B

The Act nullified in effect Shah Bano's case.

In Mohd. Ahmed Khan v. Shah Bano Begum (1985), the Supreme Court held that a divorced Muslim woman unable to maintain herself could claim maintenance from her former husband under Section 125 of the Code of Criminal Procedure beyond the iddat period. Parliament responded with the Muslim Women (Protection of Rights on Divorce) Act, 1986, which was designed to limit the husband's obligation and so undo the effect of the judgment.

Danial Latifi v. Union of India (2001) later upheld the 1986 Act while reading it to require a fair provision for the wife's future, so it interpreted the Act rather than being nullified by it. Sarla Mudgal (1995) concerned conversion to Islam to contract a second marriage.

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"Iddat" is a period during which a Muslim woman is prohibited from marrying on dissolution of marriage.

A.By Death of husband
B.By Divorce
C.Only (A) and not (B)
D.Both (A) and (B)

Exam Year(s)

UGC NET - 2012,

Answer: D

Iddat is the period during which a Muslim woman must wait and may not marry again after the dissolution of her marriage, whether the marriage ended by the death of her husband or by divorce. The purpose is to learn whether she is pregnant and to mourn in the case of death. So both causes are covered: the option giving only the death of the husband is wrong and so is the option giving only divorce. The answer is that it applies both on the death of the husband and on divorce.

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'Tuhr' means

A.Period of menstruation
B.Period of iddat
C.Period between menstruation
D.None of the above

Exam Year(s)

UGC NET - 2013,

Answer: C

‘Tuhr’ means the period of purity between two menstruations. It matters in the Muslim law of divorce, because a talaq pronounced in a period of tuhr is in the approved form (talaq-ul-sunnat). It is not the period of menstruation itself and not the iddat, which is the waiting period after divorce or the husband’s death, so only the third option fits. Tuhr and iddat are both counted in the periods of the wife’s life that matter for divorce, so it is easy to confuse them.

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Read Assertion (A) and Reason (R) and with the help of codes given below select the correct explanation.

Assertion (A) : The Muslim Women (Protection of Divorce Rights) Act, 1986 brought changes like limit the period of maintenance to Muslim divorcee till 'iddat' period and in case of no relatives the liability on Wakf Boards.
Reason (R) : The changes were brought under Muslim's pressure.
Codes :

A.Both (A) and (R) are true and (R) is correct explanation of (A).
B.Both (A) and (R) are true, but (R) is not correct explanation of (A).
C.(A) is correct, but (R) is false.
D.(A) is false, but (R) is true.

Exam Year(s)

UGC NET - 2013,

Answer: A

Both statements are true and the reason explains the assertion, which is option A. The Muslim Women (Protection of Rights on Divorce) Act, 1986 limited maintenance to the iddat period and placed the liability on relatives and Wakf Boards, and it came after the Shah Bano decision under pressure from the Muslim community.

Option B accepts both but denies the explanation, and C and D call a true statement false.

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Match List-I with List-II and select the correct answer using the codes given below :

List-I	List-II
a. Marriage during Iddat period is.	i. Void
b. Marriage with an impotent person is.	ii. Irregular
c. Marriage below the age of 18 years is.	iii. Voidable
d. Inter-caste marriage	iv. Valid

Codes : a b c d

A.i ii iii iv
B.ii i iv iii
C.iii ii i iv
D.ii iii i iv

Exam Year(s)

UGC NET - 2014,

Answer: D

The key gives the matching as a-ii, b-iii, c-i, d-iv: marriage during the iddat period is irregular, marriage with an impotent person is voidable, marriage below the age of 18 years is treated as void, and inter-caste marriage is valid.

The first three items reflect the classification of marriages in Muslim and statutory law that the key follows. The other codes interchange these categories, such as calling an inter-caste marriage void. This item rests on the official key.

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Where the marriage has not been consummated, Iddat has to be observed in case of :

A.Death of husband
B.Divorce
C.Both death and divorce
D.Neither death nor divorce

Exam Year(s)

UGC NET - 2014,

Answer: A

Where the marriage has not been consummated, iddat has to be observed in the case of the death of the husband and not in the case of divorce. A widow must observe iddat even when the marriage was not consummated, whereas a divorced wife whose marriage was not consummated need not.

So the options of divorce only, both, or neither do not state the rule.

The reasoning is that iddat after divorce is meant to establish whether the wife is pregnant and to allow for reconciliation, which has no purpose when the marriage was never consummated, while a widow's iddat also expresses mourning.

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Muslim Maintenance and Iddat Questions and Answers

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