❀ Shar‘i Ruling on Inheritance for a Divorced Woman During ʿIddah ❀
Source:
This article is derived from the book “500 Questions and Answers for Women” based on the fatwas of the scholars of the Haramain, translated by Hafiz Abdullah Saleem.
If a husband divorces his wife, and she is either in her ʿiddah (waiting period) or has completed it, and then the husband dies suddenly,
does the woman inherit from his estate in such a case?
If the husband dies while the woman is still in her ʿiddah, then the ruling depends on the type of divorce:
In this case, the woman is still considered a wife until the end of the ʿiddah.
If the husband dies during this period, the ʿiddah of divorce is converted to the ʿiddah of death, and she does inherit from the husband’s estate.
A rajʿī divorce is defined as:
Allah ﷻ says:
﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ...﴾
[Surah Al-Baqarah: 228]
"Divorced women shall wait (observe ʿiddah) for three menstrual cycles... and their husbands have more right to take them back during that period if they desire reconciliation."
Allah also states:
﴿يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ...﴾
[Surah At-Ṭalāq: 1]
"O Prophet! When you divorce women, divorce them at the beginning of their waiting period and keep count of the ʿiddah..."
These verses affirm that a divorced woman in her ʿiddah remains bound by marital rulings, and the possibility of reconciliation (rujūʿ) still exists.
If the husband issued a third divorce, or the woman initiated a khulʿ, or she is in the ʿiddah of nikāḥ annulment,
then she is not entitled to inheritance, and the ʿiddah of divorce does not convert into the ʿiddah of death.
If the husband divorced his wife during his final illness (marḍ al-mawt) with the intent of depriving her from inheritance,
then she will still inherit, even if the ʿiddah has passed,
provided that she has not remarried.
This is because the intent to deprive her of her rights during impending death is seen as an act of injustice, and the right to inheritance is upheld.
(By: Shaykh Ibn Jibreen رحمه الله)
Source:
This article is derived from the book “500 Questions and Answers for Women” based on the fatwas of the scholars of the Haramain, translated by Hafiz Abdullah Saleem.
❖ Question:
If a husband divorces his wife, and she is either in her ʿiddah (waiting period) or has completed it, and then the husband dies suddenly,
does the woman inherit from his estate in such a case?
❖ Answer:
If the husband dies while the woman is still in her ʿiddah, then the ruling depends on the type of divorce:
① If the Divorce is Rajʿī (Revocable):
In this case, the woman is still considered a wife until the end of the ʿiddah.
If the husband dies during this period, the ʿiddah of divorce is converted to the ʿiddah of death, and she does inherit from the husband’s estate.
A rajʿī divorce is defined as:
- A first or second divorce,
- After consummation,
- Without compensation,
- And not a khulʿ or final separation.
Allah ﷻ says:
﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ...﴾
[Surah Al-Baqarah: 228]
"Divorced women shall wait (observe ʿiddah) for three menstrual cycles... and their husbands have more right to take them back during that period if they desire reconciliation."
Allah also states:
﴿يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ...﴾
[Surah At-Ṭalāq: 1]
"O Prophet! When you divorce women, divorce them at the beginning of their waiting period and keep count of the ʿiddah..."
These verses affirm that a divorced woman in her ʿiddah remains bound by marital rulings, and the possibility of reconciliation (rujūʿ) still exists.
② If the Divorce is Bā’in (Irrevocable):
If the husband issued a third divorce, or the woman initiated a khulʿ, or she is in the ʿiddah of nikāḥ annulment,
then she is not entitled to inheritance, and the ʿiddah of divorce does not convert into the ʿiddah of death.
Exception: Divorce in
If the husband divorced his wife during his final illness (marḍ al-mawt) with the intent of depriving her from inheritance,
then she will still inherit, even if the ʿiddah has passed,
provided that she has not remarried.
This is because the intent to deprive her of her rights during impending death is seen as an act of injustice, and the right to inheritance is upheld.
(By: Shaykh Ibn Jibreen رحمه الله)
