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Is a divorce issued by the husband, who suffers from brain atrophy and epilepsy and has lost his perception and discernment, valid if his brothers divorced his wife to prevent her from inheriting and receiving a pension, especially since the husband denied divorcing his wife? And is the wife considered divorced or is she still his wife if her waiting period (three menstrual cycles) had not ended by the date of his death? And how would her waiting period be in this case?

1 min readAlso available in العربية

This issue is one of disputes and relates to inheritance. It requires referring to the Sharia court for the judge to rule on it, as his ruling is binding and resolves disagreements.

Divorce is in the hands of the husband and does not occur unless the husband is conscious or by a judge's ruling. If the husband does not divorce or the judge does not rule a divorce, the marital bond remains intact, in accordance with the rule: "Certainty is not removed by doubt."

If divorce is not proven, the default is for the woman to observe the waiting period (iddah) of death, which is four months and ten days, based on the Almighty's saying: "And those who are taken in death among you and leave wives behind - they, [the wives], shall wait four months and ten [days]" (Al-Baqarah: 234). If divorce is proven and the woman was in her waiting period from a revocable divorce, then she transitions from the waiting period of divorce to the waiting period of death and inherits because she is considered to be in the status of a wife.

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

Read the full answer on Ftawy