Death of a husband: ʿiddah, ihdad and a widow's rights

1The ʿiddah of death: four months and ten days

Allah says: "And those of you who die and leave wives behind — they (the wives) shall wait (observe ʿiddah) for four months and ten days" (Surah al-Baqarah 2:234).

• The ʿiddah starts from the moment of death, not from the date of burial or the date the widow receives the news. If the news arrives after the period has passed, her ʿiddah has ended according to the majority.
• Counted in lunar (hijri) months. If the death occurs mid-month, scholars count 130 days for the incomplete month.
• The ʿiddah of death is obligatory even if the husband dies before consummating the marriage, because verse 2:234 is general — unlike talaq before consummation, which has no ʿiddah (Surah al-Ahzab 33:49).
• It is obligatory for every wife — in polygyny, all the widows observe their ʿiddah at the same time.

2Ihdad — mourning and staying at home

The Messenger of Allah ﷺ said: "It is not lawful for a woman who believes in Allah and the Last Day to mourn a death for more than three days, except for a husband — four months and ten days" (narrated by al-Bukhari and Muslim). Ihdad is obligatory throughout the ʿiddah of death according to all four schools.

What is avoided:

• Perfume, make-up, kohl and henna for adornment.
• Adorning clothing — bright or luxurious. Wearing black or white is not required; ordinary clothes that do not attract attention are enough.
• Jewellery — rings, bracelets, necklaces.
• Spending the night away from the ʿiddah home without need. The evidence is the hadith of Furay'ah bint Malik, whose husband was killed and who asked to move to her family's home; the Messenger of Allah ﷺ said: "Stay in your house until the prescribed term is complete", so she observed her ʿiddah there for four months and ten days (Sunan Abu Dawud and Sunan at-Tirmidhi 1204; at-Tirmidhi: hasan sahih).

What is permitted: bathing, combing hair, cutting nails, using soap and medicine; working, going out to hospital, court or the bank during the day; speaking to unrelated men when needed; receiving guests; using the phone and social media reasonably.

3The pregnant widow

Allah says: "And for those who are pregnant, their term is until they deliver their child" (Surah al-Talaq 65:4).

• The majority (the four schools): the ʿiddah of a pregnant widow ends with giving birth, even if she gives birth just after her husband's death. The evidence is the hadith of Subay'ah al-Aslamiyyah, who gave birth a few nights after her husband's death, and the Messenger of Allah ﷺ allowed her to marry (narrated by al-Bukhari and Muslim).
• It is narrated from Ali bin Abi Talib and Ibn Abbas: her ʿiddah is the longer of giving birth and four months and ten days.
• Ihdad continues until her ʿiddah ends.
• The unborn child is an heir. The division of the estate is usually postponed, or the largest possible share (as if a son) is set aside for the child until it is born alive.

4Housing and maintenance during the ʿiddah

• Maintenance: a widow is not entitled to ʿiddah maintenance from the estate according to all four schools, because her right has been replaced by her share of inheritance — including a pregnant widow according to the majority.
• Housing: disputed. The Shafi'i school (the stronger view) and the Malikis: the widow has the right to live in her husband's home throughout the ʿiddah, especially if he owned it. The Hanafis and Hanbalis: it is not a right against the estate, but the widow must still observe her ʿiddah in that home if she can.
• The heirs may not evict the widow during the ʿiddah or press for the house to be divided before the ʿiddah ends.

5Deferred mahr and the husband's debts

Unpaid mahr (deferred mahr, mu'ajjal) is a debt of the husband. When the husband dies after consummation, or before consummation according to the majority, the mahr becomes due in full. The order of settling the estate:

1. Reasonable funeral expenses.
2. Debts — including the wives' deferred mahr, arrears of maintenance already decided, zakat and obligatory hajj.
3. A bequest to non-heirs — at most one third of the remainder.
4. Faraid to the heirs.

Allah says repeatedly in the verses of inheritance: "after any bequest that was made or debt is paid" (Surah an-Nisa' 4:11–12). In polygyny, each wife claims her own deferred mahr — one wife's mahr is not shared with her co-wife.

6Jointly acquired matrimonial property

Jointly acquired matrimonial property (harta sepencarian) is property acquired jointly by husband and wife during the marriage through direct contribution (money, work) or indirect contribution (running the household and raising children). It is recognised as a Malay custom (uruf) accepted by the Shariah, and in Malaysian Islamic family law (Act 303 s.122 for divorce; state enactments).

• A claim to jointly acquired matrimonial property after the husband's death is made in the Syariah Court, and settled before faraid — the widow's share is taken out first, and the remainder becomes the estate.
• The proportion depends on contribution; there is no fixed formula.
• In polygyny: each wife claims on the basis of her contribution to the property acquired during her marriage. Property acquired before the second marriage does not automatically become the second wife's matrimonial property. The court must assess each claim so as to be fair to all wives.

7Faraid: the wife's share and sharing between widows

Allah says: "And for them (the wives) is one quarter of what you leave if you have no child. But if you have a child, then for them is one eighth of what you leave" (Surah an-Nisa' 4:12).

The wives' share is calculated after funeral expenses, debts (including deferred mahr) and bequests, and after jointly acquired matrimonial property has been taken out.

8Funeral matters between husband and wife

• A wife washing her husband: permitted by consensus of the scholars — Ibn al-Mundhir reports ijmak. Aishah RA said: "Had I known before what I knew later, none would have washed the Messenger of Allah ﷺ except his wives" (narrated by Abu Dawud and Ibn Majah; graded hasan).
• A husband washing his wife: permitted according to the majority (Shafi'i, Maliki, Hanbali), based on the Messenger of Allah's ﷺ words to Aishah, "It would not harm you if you died before me; I would wash you" (narrated by Ibn Majah and Ahmad; graded hasan by some scholars), and the report of Ali washing Fatimah. The Hanafi school does not allow it, since the marriage is considered ended by death.
• Funeral prayer: all wives may pray over their husband; the priority to lead according to the Shafi'i school is the father, then sons and male heirs.
• In polygyny: no wife has a greater right over the body than her co-wife. The burial place is decided by family consultation — avoid disputes in front of the deceased.
• The death of a wife: the husband (widower) has no ʿiddah and may marry at any time. For a husband with four wives, the death of one wife allows him to marry again without waiting.

9Remarrying after the ʿiddah

Allah says: "When they have completed their term, there is no blame on you for what they do with themselves in a proper way" (Surah al-Baqarah 2:234).

• During the ʿiddah, a widow may not marry and may not be openly proposed to; an indirect proposal is permitted (Surah al-Baqarah 2:235).
• After the ʿiddah, a widow is free to marry. Female Companions such as Umm Salamah and Asma' bint 'Umays remarried after their husbands' deaths — remarrying is not a sign of disloyalty.
• A widow still needs a wali (Shafi'i school), but her consent must be given in clear words — a previously married woman may not be married off without her permission (narrated by al-Bukhari and Muslim).
• In Malaysia: bring the husband's death certificate and the previous marriage certificate when applying for permission to marry.
• Remarrying ends the mother's right to custody (hadhanah) if the new husband is not a mahram to the child — see Custody & lineage. Inheritance shares and mahr already received are not affected.

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