🚪 Divorce, ʿiddah & rujuk · #52
A husband divorced his wife while he was gravely ill, and then died. Does she still inherit?
If he died while she was still in the ʿiddah of a revocable (rajʿi) talak, she inherits; if the talak was irrevocable (baʾin), according to the later view of the Shafi'i school she does not, though some scholars hold she still inherits if the talak was meant to deprive her of inheritance.
A wife in a revocable talak is still treated as a wife for many rulings, including inheritance (al-Baqarah 2:228). Talak during a fatal illness (talaq al-farr) is discussed at length by jurists because of the fear it is used to deny a wife her rights; ʿUthman r.a. is reported to have given inheritance to a widow in such a case. In Malaysia, a talak pronounced during illness must still be confirmed by the court, and the court and the estate office will assess the facts. A wife in this situation should get advice from a Syariah lawyer. See the question on inheritance during ʿiddah.
A wife in a revocable talak is still treated as a wife for many rulings, including inheritance (al-Baqarah 2:228). Talak during a fatal illness (talaq al-farr) is discussed at length by jurists because of the fear it is used to deny a wife her rights; ʿUthman r.a. is reported to have given inheritance to a widow in such a case. In Malaysia, a talak pronounced during illness must still be confirmed by the court, and the court and the estate office will assess the facts. A wife in this situation should get advice from a Syariah lawyer. See the question on inheritance during ʿiddah.