The iddet period is the waiting period that a divorced woman or a woman whose spouse has passed away must observe before entering into a new marriage. This period is regulated under Article 132 of the Turkish Civil Code. Article 132 of the Turkish Civil Code states:
Turkish Civil Code, Article 132: If the marriage has ended, the woman may not marry until three hundred days have passed from the end of the marriage.
The period ends upon childbirth. The court may lift this period if it is determined that the woman is not pregnant from her previous marriage or if the divorced spouses wish to remarry each other.
The first paragraph of the article states: “If the marriage has ended, the woman may not marry until three hundred days have passed from the end of the marriage.” This indicates that, in the event of the end of a marriage, a woman must wait 300 days before entering into a new marriage.
The primary purpose of this regulation is to determine whether the woman is pregnant before remarrying and to prevent confusion regarding the lineage of any child born. However, this period does not constitute an absolute prohibition. In certain exceptional circumstances foreseen by the legislator, the court may lift the iddet period. These exceptions include cases where it is established that the woman is not pregnant, has given birth, or wishes to remarry her former spouse.
In this article, we will examine in detail the scope, purpose, legal procedure for removal, conditions of application, and legal effects of the iddet period.
What is the Iddet Period?
The iddet period is a legally mandated waiting period that a woman must observe before remarrying if her marriage ends due to divorce, death, the presumption of death, or disappearance. The primary purpose of enforcing this period is to prevent potential disputes regarding the lineage of any children. Determining whether the woman is pregnant from her previous marriage and ensuring the parentage of any child to be born is clearly established are the main reasons for regulating the iddet period.
Does a Man Have an Iddet Period?
The iddet period applies only to women. This is because fertility is biologically specific to women. A pregnancy that may arise after the end of a marriage could complicate the legal status of both the child and the family members if the woman enters into a new marriage. To prevent such complications, a waiting period is required for women before entering into a new marriage. For men, there is no such biological concern, and therefore, no equivalent waiting period is necessary.
How Many Days Is the Iddet Period?
The iddet period, regulated under Article 132 of the Turkish Civil Code, is 300 days. The primary reason for setting the period at 300 days is that a woman’s pregnancy can last up to a maximum of 300 days.
The causes that end a marriage include divorce, death, presumption of death, or disappearance (absence). The start date of the iddet period varies depending on the reason for the termination of the marriage. Specifically:
- In the case of divorce, the period begins from the date the divorce decision becomes final.
- In the case of death or presumption of death, it begins from the date of death.
- In the case of disappearance, it begins from the date the court issues the marriage annulment based on the woman’s request to end the marital union.
The end of the period is determined by adding 300 days to the relevant start date in all cases.
In Which Cases Can the Iddet Period Be Lifted?
It is clear that the 300-day legal waiting period may cause significant hardships for a woman. This issue has been taken into account by the legislator, who has granted certain legal options for women to have the iddet period lifted. The situations in which the iddet period can be lifted are as follows:
1-The woman gives birth.
2-The spouses whose marriage has ended wish to remarry each other.
3-In cases where it is determined that the woman is not pregnant, as a result of a legal petition to lift the iddet period.
4-Completion of the 300-day period following the finalization of the divorce decision.
Lawsuit for Lifting the Iddet Period
The lifting of the iddet period is a legal procedure that allows a woman whose marriage has ended to remarry without having to complete the 300-day legal waiting period. According to Article 132 of the Turkish Civil Code, a woman may apply to the court to lift this period if it is determined that she is not pregnant, if she has given birth, or if she wishes to remarry her former spouse. This lawsuit is considered a non-contentious judicial matter and is initiated solely at the request of the woman. The other party’s participation in the case is not required.
A woman requesting the lifting of the iddet period must file the lawsuit at the Family Court in her place of residence. If no Family Court exists in her area, this duty is carried out by the Civil Court of First Instance. The petition must be accompanied by a divorce decree or death certificate proving that the marriage has ended, as well as a medical report confirming that the woman is not pregnant. The medical report submitted to the court is of critical importance for the outcome of the case. The primary determining factor in this lawsuit is whether the woman is pregnant. Therefore, the medical report must be an official, up-to-date document issued by public hospitals or relevant health institutions, containing clear statements confirming that the woman is not pregnant.
Legal Consequences of the Lawsuit
As a result of a lawsuit for lifting the iddet period, the court decides by evaluating whether the woman is pregnant. If, based on the medical report and other evidence submitted to the court, it is determined that the woman is not pregnant, the case is accepted, and the iddet period is lifted. In this situation, the 300-day waiting period is considered complete for the woman, and there is no legal obstacle preventing her from remarrying.
However, if the court concludes that the woman is pregnant, or if the submitted evidence is insufficient to prove otherwise, the case is dismissed. In such a scenario, the woman must wait until the legally prescribed 300-day iddet period is fully completed.
Competent and Authorized Court
In a lawsuit for lifting the iddet period, the competent court is the court in the woman’s place of residence, while the authorized court is the Family Court. In locations where Family Courts are not established, the Civil Court of First Instance handles these cases in the capacity of a Family Court.
Lawyer. Gökhan AKGÜL & Lawyer. Yasemin ERAK
