Verses 234 and 240 of Surah Al-Baqarah, two radiant gems of the Divine Word in the Holy Qur'an, elucidate the rulings regarding the iddah upon death and the protection of the wife following the demise of her husband. These verses, with unparalleled precision, outline a legal and ethical system that not only attends to preserving the dignity and independence of the wife but also, through emphasis on chastity and purity, offer a universal paradigm for the familial structure. In this treatise, adopting a scientific and academic approach, a comprehensive analysis of these verses is presented, encompassing the distinctions between iddah upon death and divorce, the underlying wisdoms embedded within these rulings, and a critique of contemporary cultures. The aim is to provide a coherent and profound exegesis that serves educated audiences, particularly in the field of religious sciences.
Arabic:
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا ۖ فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلَا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنْفُسِهِنَّ بِالْمَعْرُوفِ ۗ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ
Translation:
And those of you who pass away and leave behind wivesthey shall wait, concerning themselves, for four months and ten days. Then, when their term has reached its end, there is no blame upon you for what they do with themselves in a lawful manner. And Allah is, of what you do, ever Aware.
Arabic:
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا وَصِيَّةً لِأَزْوَاجِهِمْ مَتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ ۚ فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِي مَا فَعَلْنَ فِي أَنْفُسِهِنَّ مِنْ مَعْرُوفٍ ۗ وَاللَّهُ عَزِيزٌ حَكِيمٌ
Translation:
And those of you who pass away and leave behind wivesthey shall bequeath to their wives maintenance for one year without expulsion. But if they leave, there is no blame upon you for what they do with themselves in a lawful manner. And Allah is Exalted in Might and Wise.
Verse 234 addresses the rulings of iddah upon death, stipulating a waiting period of four months and ten days for the wife. This duration provides an opportunity to ascertain the absence of pregnancy and to preserve the sanctity of the deceased spouse. Verse 240 complements this ruling by referring to the bequest for securing the wife's sustenance and housing for one year, with an emphasis on prohibiting her eviction from the residence. These two verses, by distinguishing between iddah (a divine injunction) and housing (a customary matter), present a comprehensive system to support the wife.
Both the iddah upon death and divorce aim to uphold the wife's legal and social rights. These rulings address the determination of pregnancy status and provide a psychological and social adjustment period for the wife. Both forms of iddah are integral components of the Islamic legal system designed to maintain chastity and familial order.
In the case of divorce, the termination of the iddah is predicated upon the completion of the minimum pregnancy term (the birth of the child). If the wife delivers immediately after a revocable divorce, her iddah concludes, and she becomes permitted to remarry. The reference point for the divorce iddah is the occurrence of the divorce itself, not the wife's awareness of it. Therefore, if the wife becomes aware of the divorce months later, the iddah is calculated from the time of the divorce and may have already ended.
In the case of death, the criterion is a fixed duration of four months and ten days, even if pregnancy exists. Unlike the divorce iddah, the death iddah depends on the wifes awareness of the husband's demise. This condition generates particular legal complexities; for example, if the wife mistakenly believes the husband is deceased and remarries, upon the correction of this error, she must separate from the second husband and observe both the death and divorce iddah accordingly.
The dependency of the death iddah on the wifes knowledge introduces intricate legal issues. If the wife remarries erroneously and later the error is clarified, she must observe multiple iddahs (death and divorce). This complexity intensifies especially in cases of pregnancy and necessitates scrupulous adherence to Shariah rulings.
Although both iddahs share the objective of safeguarding the wife's rights, they differ in criteria and conditions. The divorce iddah, focusing on the divorce event and minimum pregnancy, exhibits greater flexibility, whereas the death iddah, emphasising a fixed duration and wife's awareness, establishes a precise system for preserving the sanctity of the deceased spouse and the psychological adjustment of the wife.
The iddah, transcending mere determination of pregnancy, considers the emotional and psychological state of the wife. Women, due to their deeper emotional constitution (elegantly likened to software), require more time than men (hardware constitution) to forget past relationships. The death iddah, by setting a period of four months and ten days, provides an interval for psychological adjustment and readiness for a new life.
Verse 234, through the phrase in what they do with themselves in a lawful manner, underscores the wifes independence after the conclusion of the iddah. This independence is contingent upon adherence to legal and social norms (marf). The wife is free, after iddah, to make autonomous decisions regarding her life, provided she does not transgress Shariah boundaries.
Verse 240, by emphasising the bequest to ensure sustenance and housing for one year, prevents her eviction. The term without expulsion reflects the Qurans concern for preserving the dignity and stability of the wifes life. This ruling guards the wife from familial and social pressures and grants her the opportunity to reconstruct her life peacefully.
Eviction of the wife is permissible only in two cases: remarriage during the iddah or commission of adultery. Remarriage during iddah constitutes a grave legal violation, while adultery, though sinful, does not result in permanent prohibition. Some jurists consider both as grave prohibitions
