🌍 Children, inheritance & 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.

Sources

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

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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