Does a woman who has been irrevocably divorced deserve her allocated share, knowing that the endower did not amend the endowment deed before his death?
One who divorces his wife, who was designated a beneficiary of a waqf (endowment), is not entitled to any part of the waqf because the status of spouse has ceased, unless the endower intended to show kindness and honor to her. In this regard, reference should be made to the husband's intention at the time of the waqf. If the circumstantial evidence indicates that his intention was based on her being his wife, she is not entitled to it after divorce. However, if he intended to show kindness to her, even if she were not his wife, she is entitled to it. The circumstantial evidence may include the waqf deed not being altered after the divorce. The Sharia court must be consulted to make a ruling on this matter.
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- Original fatwa ID
- 30011
- Imported
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- Source text, unreviewed
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