Does a woman have to observe Iddat when the husband passes away if they were separated for 8 years?

 

Nasihah (Advice): Most disliked of permissible matters is divorce

 

Abdullah ibn Umar Radiyallahu anhuma reported that Rasulullah Sallallahu alayhi wa sallam said, “The most disliked of lawful matters to Allah is divorce.” [Sunan Abi Dawud]

______________________________

 

Question and Answer:

 

  1. My husband and I are separated for 8 years now. Is the nikaah still valid? What about iddat? In the event of his death, do I observe iddat?

 

(Question published as received)

 

  1. If your husband did not issue a Talaaq during the separation, you still remain married to each other even though 8 years have passed. If he passes away, it will be compulsory upon you to observe the Iddah period.

 

A separation, regardless of the amount of time apart between spouses, does not terminate the marriage if Talaaq was not issued.

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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