🌍 Anak, pusaka & global · #38
Is a widow entitled to live in her late husband's house during ʿiddah even if the house is part of the estate?
According to the stronger view in the Shafi'i school, a widow is entitled to live in the house where she was living when her husband died throughout the ʿiddah, and she is also instructed not to move without need. This is based on the hadith of Furai'ah bint Malik, whom the Prophet ﷺ instructed to remain in her house until her ʿiddah ended. However, a widow is not entitled to ʿiddah maintenance from the husband's estate; her needs are met from her own share of the inheritance. Other heirs should not evict the widow or sell the house during the ʿiddah. In polygyny, each widow observes her ʿiddah in her own home. Refer to the Syariah Court if a dispute arises.
Differences between the schools. The Hanafi school does not require accommodation from the estate for the widow, but still requires her to observe the ʿiddah in her home; the Maliki school requires it if the house belonged to the husband.
Sumber
Narrated by Abu Dawud and at-Tirmidhi (sahih)Surah al-Baqarah 2:234Surah at-Talaq 65:1