Question Summary:
No Iddat for Adultery

Question Detail:

Could you please verify the following and tell me it is true?
One should also remember that there is no waiting period (idda) in the unfortunate event of a woman committing adultery and fornication. It is stated in al-Fatawa al-Hindiyya:
“A waiting period (idda) is not necessary upon a woman who committed adultery. This is the position of Imam Abu Hanifa and Imam Muhammad (Allah be pleased with them both), as mentioned in Sharh al-Tahawi.” (al-Fatawa al-Hindiyya, 1/526)
Jazakallah in Advance,

Answer :

Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salamu ‘alaykum wa-rahmatullahi wa-barakatuh.
Hereunder is the Arabic text in reference:
لَا تَجِبُ الْعِدَّةُ عَلَى الزَّانِيَةِ وَهَذَا قَوْلُ أَبِي حَنِيفَةَ وَمُحَمَّدٍ رَحِمَهُمَا اللَّهُ تَعَالَى كَذَا فِي شَرْحِ الطَّحَاوِيِّ ( الفتاوي العالمكيرية المعروفة بالفتاوي الهندية، ج 1، ص 526)
There is no Iddat (waiting period) upon a woman who has committed adultery. This is the opinion of Imaam Abu Hanifa and Imaam Muhammad Rahimahumullah as mentioned in Sharhut Tahaawi. ( Al-Fataawa Al-aalamkiriyyah famously known as Al-Fataawa Al-Hindiyya, Vol. 1, Pg. 526, Maktaba Rashidiyyah)
The above text is correct and true. However, Idaat refers to:
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, where the woman has to observe the laws of Iddat. Until this period expires, it is not permissible for her to go elsewhere. Observing specific rules during 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'.
Iddat only applies in the above instances.
And Allah Ta’ala Knows Best
Ismaeel Bassa
Student Darul Iftaa
Durban South Africa
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net