Option of puberty

Querist : Anonymous (Querist) 17 November 2011 This query is : Resolved
respected sir,

iddat is compulsory or not in option of puberty (muslim law) & if a girl used her right of puberty then can she get dower?If her husband died when he is useing a right of puberty.

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Kirti Kar Tripathi (Expert) 17 November 2011
Complected situation, It better to ask from an expert in Shariyat.

Rajeev Kumar (Expert) 17 November 2011
I agree with Tripathi

prabhakar singh (Expert) 17 November 2011
Upon the husband’s death, or
divorce, or
the termination of the marriage contract through Khul'a (divorce at the instance of the wife),
or the annulment of the marriage by some other manner, the woman has to remain staying in one house for a specified period of time.

Until this period expires, it is not permissible for her to go elsewhere. The act of passing this period is called Iddat.

If the Iddat or waiting period is observed following the death of the husband, it is called 'The Iddat of Death'.

If observed following Talaaq (Divorce), Khul'a (divorce at the instance of the wife) or for some other reason, it is called 'The Iddat of divorce'.

There are some differences in the rules and periods of the two types of Iddat.

Iddat of Death

Allah Ta'ala mentions the ruling of this Iddat in the Holy Quráan:

For those men who die amongst you and leave behind wives, they (the wives) must confine themselves (Spend Iddat) for four months and ten days. (Baqarah)

prabhakar singh (Expert) 17 November 2011
The sole aim of observing IDDAT is to decide if women was pregnant or not before her husband died or divorced her so that fatherhood of the child likely to take birth may get well ascertained without any dispute.

prabhakar singh (Expert) 17 November 2011
hence IDDAT is COMPULSORY TO BE OBSERVED.

This rule applies equally whether

a) a woman has had intimacy with her husband during his life-time or not

b) she had any kind of privacy with him or not

c) she had come to live with him or not

d) she menstruates or not

e) she is old or young

f) she reached the age of puberty or not.

prabhakar singh (Expert) 17 November 2011
There is still one question left by me to be addressed in respect of your query.

I shall say converse of what you said that observing IDDAT is your DUTY while claiming MAHR[DOWER] is your RIGHT.

Sankaranarayanan (Expert) 17 November 2011
really no more details need further , my great learned senior friend mr prabhakar explained fully .

Kirti Kar Tripathi (Expert) 17 November 2011
One question still remains to be answered whether option of puberty will be treated as Talaq under the Muslim law ?

prabhakar singh (Expert) 17 November 2011
Puberty relates to pubic in fact and it is presumed to have been achieved on 15 among Islam practicener.It is an age when two Muslims can inter into contract of marriage [NIKAH]in presence of either two male witnesses or one male and two females witnesses with out any ceremony required where either party can offer and other may accept the marriage for dower[MEHAR]payable by husband to wife on demand.

Talaq refers to divorce .