Back to search
The question

Is 'Iddah, maintenance, and inheritance obligatory for a wife whose husband died before consummation, knowing that she is employed, and can she demand her Mahr?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Firstly: The mahr (dowry) is an exclusive right of the wife. If your mahr remained a debt owed by your husband until his death, it is then a debt among the debts that are paid from his estate before its distribution. You have the right to demand it after proving your entitlement to it and that it remained a debt on him.

Secondly: You are obligated to observe the (waiting period) of widowhood, which is four months and ten days, even if his death occurred before consummation. The non-payment of the mahr does not prevent the obligation of the iddah. Your iddah will end on the twenty-seventh of the ninth Hijri month () if your husband passed away on the seventeenth of the fifth Hijri month (Jumada al-Ula), unless you are pregnant, in which case your iddah ends upon delivery.

Thirdly: You are entitled to inherit from your husband if he died while you were still married to him. Your share is one-fourth if he had no descendants, and one-eighth if he had a lineal heir. It is advisable to refer inheritance cases to the courts for investigation and consideration of their various aspects.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
119912
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy