Is a girl whose fiancé has passed away, and with whom he had not yet consummated their legitimate engagement, required to observe an 'iddah, and how long is this 'iddah? Is she permitted to go out for her studies? Does she inherit anything from him, and what is the value of this inheritance? Is she obliged to return the dowry paid to her?
If the pillars of a legitimate marriage (guardian, spouses, صيغة [formula/declaration], dowry) are present, then this marriage is complete and legitimate. Marital relations become permissible through it, and inheritance, the waiting period (عدة الوفاة) upon death, and the full dowry become its consequences. Writing is not a condition for the validity of the contract, but rather for documentation. The wife is entitled to the full dowry and half of her husband's inheritance if he has no child, and one-eighth of her husband's inheritance if he has a child. She is also subject to the waiting period (عدة الوفاة) of four months and ten days, during which she is not allowed to leave her home or apply perfume. She is not required to return what was paid to her from the dowry. However, if the contract was not concluded with the aforementioned pillars, then it is merely a betrothal (خطبة) and nothing is consequential upon it.
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- Original fatwa ID
- 71219
- Imported
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