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Fatawaa


Subject : Her Husband Died while she was Observing Iddah Following Revocable Divorce

Fatwa Number : 971

Date : 04-01-2011

Classified : (Iddah (waiting period after divorce or death

Fatwa Type : Search Fatawaa


Question :

Although she consummated marriage, she got revocable divorce. During her Iddah-after one month and three days-her husband passed away. Does she have the right to inherit him? Which Iddah should she observe; that following divorce or death of husband?


The Answer :

Praise be to Allah the Lord of the Worlds.

Scholars stated that in case of revocable divorce a woman is considered a wife, because the marriage contract isn`t terminated. Therefore, if the husband dies, then she inherits him and observes Iddah following death of husband, and the days of Iddah which she observed following revocable divorce don`t count.

Ibn Hajar says, "If the husband dies after revocable divorce, the wife observes the Iddah following death of husband while the days of Iddah which she observed following revocable divorce don`t count, and her maintenance expires."{Moghni Al-Mohtajj, 8/251}. And Allah the Almighty knows best.






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