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Does a former wife have rights after being divorced by her husband, who then died two weeks after the divorce, given that she waived all her rights in exchange for the divorce due to his severe illness?

1 min readAlso available in العربية

If the husband is unable to fulfill his marital duties due to illness, the wife has the right to annul the marriage contract while retaining all her rights, because the annulment here is due to the husband. Sheikh Al-Islam Ibn Taymiyyah and Sheikh Ibn Uthaymeen supported this right, taking into account the potential disappearance of the illness. However, if she requests a divorce because she does not wish to live with a disabled man, and not due to the harm of lack of conjugal relations, the husband may request khul' from her and for her to waive some of her rights in exchange for the divorce. Therefore, the reason for the wife's request for divorce must be considered to determine her entitlement to her rights.

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

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