Suami meninggal ketika isteri masih dalam idah talak, adakah dia dapat pusaka?

Ia bergantung kepada jenis talak. Jika talak raj'i (talak satu atau dua) dan suami meninggal ketika isteri masih dalam idah, isteri tetap mewarisi kerana dari segi hukum dia masih isteri. Dia juga bertukar kepada idah wafat, iaitu 4 bulan 10 hari dari tarikh kematian. Jika talak ba'in (talak tiga, khuluk atau fasakh), hubungan perkahwinan telah putus dan dia tidak mewarisi menurut mazhab Syafi'i. Jika idah sudah tamat sebelum kematian, dia tidak lagi mewarisi. Pastikan perceraian telah disahkan dan didaftarkan di Mahkamah Syariah supaya status jelas semasa pembahagian faraid .

Soal Jawab › Anak, pusaka & global

🌍 Anak, pusaka & global · #12

A husband dies while his wife is still in the ʿiddah of a talaq: does she inherit?

It depends on the type of talaq. If it is a revocable (raj'i) talaq (first or second talaq) and the husband dies while the wife is still in the ʿiddah, the wife still inherits because legally she is still his wife. She also switches to the ʿiddah of death, that is 4 months 10 days from the date of death. If it is an irrevocable (ba'in) talaq (triple talaq, khulʿ or fasakh), the marriage bond has ended and she does not inherit according to the Shafi'i school. If the ʿiddah had already ended before the death, she no longer inherits. Make sure the divorce has been confirmed and registered at the Syariah Court so that the status is clear when the estate is divided by faraid.

Difference between schools. For an irrevocable talaq pronounced during a terminal illness to deny inheritance (talaq al-farr), the Hanafi, Maliki and Hanbali schools give the wife the right to inherit; the later view (qaul jadid) of al-Shafi'i does not.

Sumber

Surah al-Baqarah 2:228Surah al-Baqarah 2:234

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Soalan berkaitan

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Jawapan ini rujukan umum, bukan fatwa. Untuk keadaan anda, rujuk pejabat agama, peguam syarie atau Mahkamah Syariah negeri.

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