❖ ʿIddah Ruling for a Wife Whose Husband Dies Before Rukhsati ❖
Answer by: Fadhīlat al-Bāḥith Kāmrān Ilāhī Ẓahīr حفظه الله
If a marriage contract (nikāḥ) has taken place but the husband passes away before rukhsati (consummation or cohabitation), what is the ruling regarding the wife's ʿiddah?
The woman is required to observe a full ʿiddah period of four months and ten days (٤ أشهر و١٠ أيام).
This ruling is binding regardless of whether rukhsati took place, as long as the nikāḥ was validly contracted and the husband dies.
This is derived from the general command of Allah ﷻ:
وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا
“…And those among you who die and leave behind wives—they shall wait (observe ʿiddah) for four months and ten (days)…”
[Surah al-Baqarah: 234]
✔ If nikāḥ is done, but rukhsati has not occurred, and the husband dies,
✔ The wife must still observe ʿiddah of 4 months and 10 days,
✔ This is a Sharʿī obligation, regardless of consummation.
Answer by: Fadhīlat al-Bāḥith Kāmrān Ilāhī Ẓahīr حفظه الله
❖ Question:
If a marriage contract (nikāḥ) has taken place but the husband passes away before rukhsati (consummation or cohabitation), what is the ruling regarding the wife's ʿiddah?
❖ Answer:
The woman is required to observe a full ʿiddah period of four months and ten days (٤ أشهر و١٠ أيام).
This ruling is binding regardless of whether rukhsati took place, as long as the nikāḥ was validly contracted and the husband dies.
❖ Sharʿī Basis:
This is derived from the general command of Allah ﷻ:
وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا
“…And those among you who die and leave behind wives—they shall wait (observe ʿiddah) for four months and ten (days)…”
[Surah al-Baqarah: 234]
❖ Summary:
✔ If nikāḥ is done, but rukhsati has not occurred, and the husband dies,
✔ The wife must still observe ʿiddah of 4 months and 10 days,
✔ This is a Sharʿī obligation, regardless of consummation.
