WHAT IS THE WAITING PERIOD (IDDAH)?

What is the waiting period (iddet)?

The waiting period (iddah) is the period a woman must observe before remarrying. The issue of the iddah period arises in cases of divorce or the death of the spouse.

Why is it necessary to observe the waiting period (iddah)?

The reason for this is to prevent confusion regarding the child's lineage. If a woman remarries before the waiting period (iddet) is over and a child is born within her new marriage, confusion will arise as to whether the biological father is her former or current spouse. This could lead to situations such as rejection of paternity or correction of erroneous lineage. To avoid these problems, waiting for the waiting period is mandatory. The best interests of the child are protected here.

How long has this period lasted?

The waiting period is 300 days. This period begins from the date the divorce case is finalized and the divorce is granted, or from the date of death if the spouse has died. In some cases, the spouse may be considered missing. In this case, the woman can remarry without waiting for the waiting period to end, as the time limit for requesting such a decision exceeds the waiting period.

Does the woman have to observe the waiting period (iddah)?

In some cases, a woman is not required to observe the waiting period (iddah). Examples include if the woman wishes to reconcile with her divorced husband and remarry, if she gives birth within the 300-day waiting period, or if she proves she is not pregnant with a pregnancy test and doctor's report. If none of these situations occur, the woman must observe the waiting period. After the period ends, she can remarry.

Case for the removal of the waiting period

A woman who does not wish to wait the prescribed period can apply to the Family Court with a doctor's report proving she is not pregnant, a pregnancy test, the death certificate of her deceased spouse, or, in the case of divorce, the divorce decree. After conducting the necessary examinations, the court will decide whether to waive or not waive the waiting period. If the court decides not to waive it, the woman is obliged to wait until the end of this period.

Dilek Aydın, a second-year law student