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🌍 Children, inheritance & global · #142

We were in the middle of divorce proceedings in court when my husband died. Am I still an heir?

If no talaq had taken effect and no divorce had been decreed, you were still his lawful wife and are entitled to inherit. Filing a divorce application is not the same as being divorced. As long as talaq has not been pronounced, or a fasakh or khul' has not been decreed, the marriage still exists. If a revocable talaq (talak raj'i) had taken effect but you were still in your iddah, you also still inherit. The position is different if an irrevocable (ba'in) divorce had already taken place. This situation often brings mixed feelings: sadness, relief and guilt all at once. Give yourself room to grieve. On the practical side, get a copy of the case record from the court, because that document will prove your status when the faraid certificate is applied for. See iddah and rujuk.
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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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