Topic 9 –– Effects of Dissolution of Marriage
Subtopic 1 — Waiting Period (Edat):
Article 198:
Waiting period is a specific period with expiration of which all effects of marriage shall cease to exist.
Article 199:
(1) No one may marry the wife in waiting period except the husband.
(2) Waiting period is mandatory on wife in the following cases:
1 – When separation of spouses has occurred under a valid or invalid marriage after consummation
of marriage or full privacy, or under a valid marriage after full or partial privacy, no matter
whether this separation has taken place on the basis of reversible, minor irreversible or major
irrevocable divorce.
2 – In case separation is occurred due to La’aan (accusation of adultery by husband without providing
four witnesses), defect, incompleteness of dowry, option of puberty an discernment, rescission,
abandonment in an invalid marriage or doubtful sexual intercourse.
Article 200:
If husband dies under a valid marriage, before or after consummation of marriage, the waiting period
shall be mandatory on wife.
Article 201:
(1) Waiting period in divorce and all types of rescission of valid marriage for a woman with whom
real or legal sexual intercourse has taken place and is not pregnant shall be three complete
menstruation.
(2) The menstruation during which divorce or separation takes place shall not be counted in the
waiting period.
Article 202:
Waiting period for married menopausal woman or married pubescent woman who does not menstruate
yet shall be three complete months.
Article 203:
If teenager and menopausal women start waiting period on the monthly basis and menstruate before
completion of the three months, their waiting period shall be three complete menstruations.
Article 204:
(1) Waiting period of a wife who is usually in continuous purity (does not menstruate) shall be
one complete year, provided that she does not menstruate during this period. In the event of
menstruation within the first year, the waiting period shall be completed with completion of the
second year within which she does not menstruate.
(2) If she menstruates in the second year too, the waiting period shall be completed in the third year
immediately after seeing discharge of blood or at the end of the third year, even though no blood
is seen.
Article 205:
Waiting period of a wife usually in continuous metrorrhagia who has forgotten her monthly
menstruation cycles shall be complete seven months after occurrence of divorce or rescission.
Article 206:
Waiting period of pregnant woman shall end with complete birth of fetus, provided that formation of
organs of the baby is wholly or partially apparent.
Article 207:
Waiting period of death is four months and ten days, unless the wife is pregnant. In this case, provisions
of Article (206) of this Law shall apply.
Article 208:
If husband dies before completion of divorce waiting period of wife, the divorce waiting period shall
be completely annulled and death waiting period shall start according to Article (207) of this Law,
whether the divorce had taken place while husband was healthy or he was terminally ill.
Article 209:
If husband, while terminally ill, irreversibly divorces wife without her consent and he dies during the
divorce waiting period, the wife shall be entitled to inheritance and complete the longer of divorce and
death waiting periods.
Article 210:
If husband divorces his wife by minor irrevocable method and remarries her during her divorce waiting
period and divorces her again, the wife shall be entitled to complete dowry and should complete the
new divorce waiting period, even if this divorce took place before consummation of marriage.
Article 211:
Period of waiting shall start immediately after divorce, death, rescission, separation or abandonment
in invalid marriage.