MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Divorce, ʿiddah & rujuk

🚪 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.

Sources

Surah al-Baqarah 2:228Surah an-Nisa' 4:12Act 303, s.55A
← PreviousMay a husband appoint someone else to pronounce talak on his behalf?Next →My husband has breached the taʿliq, for example not providing maintenance or leaving me for months. How do I apply for a taʿliq divorce?

Related questions

If it is the wife who asks for divorce, is she still entitled to mut'ah?It depends on how the divorce happened and why: in khul', the wife receives no mut'ah because the divorce is at her…After a revocable (raj'i) talak, husband and wife still live in the same house. What is allowed and what is not?A wife in the 'iddah of a revocable talak stays in the marital home and is entitled to maintenance; according to the Shafi'i school…My husband divorced me without telling me; I found out months later. When does my ʿiddah begin?According to the Shafi'i school, the 'iddah begins from the date talak was pronounced, not from when the wife learns of it…A polygynous husband divorces one wife — what is the effect on the rotation and maintenance?The divorced wife is still entitled to maintenance and accommodation during a raj'i ʿiddah, but no longer has a right to a turn in the rotation…A husband says, "If you leave this house, you are divorced." What is the ruling if the wife goes out?According to the Shafi'i school, this is a conditional talak (verbal taʿliq): if the condition occurs, talak falls in the number…The husband has been missing for years with no word of where he is. How can the wife be freed?The wife may apply for fasakh at the Syariah Court if the husband's whereabouts have been unknown for the period set by law…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.