Would the wife be considered sinful if she agreed to divide the inheritance now to relieve herself from the problems of division? Does Islamic law (Sharia) obligate considering her psychological state of grief after her husband's death? And would they be sinning by expediting the division of her husband's inheritance while leaving the inheritance of their grandmother and father, and exploiting her not having children?
When the inheritor dies, their assets are immediately transferred to the heirs, and they must divide the inheritance. It is not permissible to conceal it or delay its distribution, unless the heirs agree otherwise.
If your deceased husband had a share in an inheritance that he did not receive before his death, the remaining heirs must include it in his estate before its distribution; otherwise, they would be unjust.
Furthermore, a woman observing the iddah (waiting period) after her husband's death is allowed to leave her home during the day to attend to her essential needs, such as government procedures. However, she should not go out at night except for extreme necessity. She is not permitted to travel during the iddah period unless there is an extreme necessity, and in such a case, the travel must be accompanied by a mahram (unmarriageable kin).
If it is imperative to claim the inheritance during your iddah, it is preferable that this takes place in your country, and that the heirs travel to you to complete the procedures. If it is possible to appoint someone to act on your behalf in these procedures, then do so.
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- Original fatwa ID
- 7799
- Imported
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