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What is the ruling on "istilhaq" in Islamic Sharia, which is when a woman gives birth years after her husband's death or divorce, and the child is attributed to him, on the grounds that the fetus remained in the womb?

1 min readAlso available in العربية

The determination of the 'iddah (waiting period) as four months and ten days, or three menstrual cycles, is for a woman who is not pregnant. However, if a woman suspects she is pregnant, she waits until her doubt is removed by giving birth, based on the Almighty's saying: ﴿And for those who are pregnant, their term is until they deliver their burdens.﴾ [Al-Talaq: 4]. This ruling is practiced in the madhabs (schools of thought) of Ahl al-Sunnah, and it is not a Mauritanian superstition. Rather, it is a legitimate religious matter in which the pregnancy is attributed to her deceased or divorced former husband, because his lineage is known.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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