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The Iddah period of a divorced woman who’s husband passes away whilst she is in Iddah

 

Nasihah (Advice): Issuing Talaaq to a woman in the state of menses

 

Abdullah ibn Umar Radiyallahu anhuma reported that he divorced his wife while she was in the state of menses. Umar Radiyallahu anhu made mention of it to Rasulullah Sallallahu alayhi wa sallam and he said, ‘Command him to take her back, then divorce her when she is pure or she is pregnant…” [Sahih Muslim]

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Question and Answer:

 

  1. If a woman is given a divorce and her husband passes away whilst she is in Iddat, does her Iddat change in any way?

 

(Question published as received)

 

A.If a husband issues Talaaq to his wife and he passes away whilst she is observing the Iddah period, there are three situations that would apply:

 

1) If the wife was pregnant, the Iddah period (of Talaaq & Death) expires upon the birth of the child.

 

2) If the wife was issued a revocable divorce (Talaaq Rajee’), the Iddah period of divorce changes to the Iddah period of death. In that case, she must observe the Iddah period of 4 Months and 10 days.

 

3) If the wife was issued an irrevocable divorce (Talaaq Baain), the longer of the two Iddah periods (Iddah of divorce & Iddah of death) must be observed.

 

As an example, if the Iddah period of divorce (3 menstrual cycles) is longer than the Iddah period of death (4 Months and 10 days), the Iddah period of 3 menstrual cycles must be observed. However, if the Iddah period of death (4 Months and 10 days) is longer than the Iddah period of divorce (3 menstrual cycles), then the Iddah period of 4 Months and 10 days must be observed. (Fataawa Darul Uloom Zakariyya 4/310)

 

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

Email: fatwa@jamiat.org.za
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Website : www.jamiat.org.za

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