Home | *Islamic Rulings | Talaaq & Inheritance

Talaaq & Inheritance

Nasihah (Advice): Do not delay in burial

 

When Talha bin Bara’ Radhiyallahu Anhu fell ill, Rasulullah Sallallahu Alayhi Wa Sallam came to visit him and said, “Verily, I think that Talha is about to pass away. So inform me when he passes away and make haste (in burying him). Indeed, it is improper for the corpse of a Muslim to be kept lying unburied among his family members.” (Abu Dawood)

 

________________________________________________

 

Question and Answer:

 

  1. In the old days, the men would divorce their wives before they passed away. Upon their deaths, the divorced wives would not receive anything from the dead husband’s estate. They would say that the husband divorced her before he passed away and that is why she does not inherit. Was this correct?

 

(Question published as received)

 

  1. If a husband has issued a Talaaq-e-Rajee (revocable divorce) to his wife and he passes away during her Iddah period, the divorced wife will be entitled to inherit a wife’s share from the deceased husband’s estate. In this case, if the divorced wife’s Iddah period terminates, she will not be entitled to inherit from the deceased husband’s estate.

 

On the other hand, if a husband issued a Talaaq-e-Baain (irrevocable divorce) to his wife and he passes away during her Iddah period, the divorced wife will not be entitled to inherit from the deceased husband’s estate, before or after the termination of her Iddah period.

 

In either of the above cases, (whether the husband issued a revocable or irrevocable divorce) and the husband passed away during her Iddah period due to suffering from a terminal illness, for e.g. cancer from which he was housebound and he had never recovered, the divorced wife will be entitled to inherit a wife’s shares from the deceased husbands estate. (Tabyeenul Haqaaiq 2/245/246)

 

Note: You may refer to the following link on the explanation of the different types of Talaaq for further information:

 

https://jamiat.org.za/talaaq-divorce-explained/

 

And Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

Confirmation:
Mufti Ebrahim Desai

Check Also

HADITH: Whoever Gives me The Good News Of Safar Departing..

 http://hadithanswers.com Question I need to know if this Hadith is authentic: Anyone who gives me …

What Qiraat to read when completing missed Rakaats

  Nasihah (Advice): The Sunnah Qiraat of Fajr & Maghrib   Sayyiduna Abdullah Ibn Masood …