Fatwa #2685812 September 2013United States of America
Is Iddah necessary after divorce was filed for?
Question
I was going through a divorce the american way and it was almost finalized, but my ex passed away. I was not in contact with him for 8 months. he went his way and I continued my life and considered a divorcee. I was told not to do an islamic one until the american one is finalized. But my main question is, since I was seperated for over 8 months with the intention of divorce, am I supposed to do Iddah?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
If your ex-husband did not issue you a divorce until he passed away, your Nikah with him was intact until his death. As such you have to observe the Iddah of death which is four months and ten days after his death.
The separation of eight months does not impact on the Nikah. The Nikah remained intact.
And Allah Ta’āla Knows Best
Arshad Ali
Student Darul Iftaa
Trinidad
Checked and Approved by,
Mufti Ebrahim Desai.
( و ) العدة ( للموت أربعة أشهر ) بالأهلة لو في الغرة كما مر ( وعشرة ) من الأيام بشرط بقاء النكاح صحيحا إلى الموت(الدر المختار(510/3دار الفكر)
وَأَمَّا الذي يَجِبُ أَصْلًا بِنَفْسِهِ فَهُوَ عِدَّةُ الْوَفَاةِ وَسَبَبُ وُجُوبِهَا الْوَفَاةُ قال اللَّهُ تَعَالَى { وَاَلَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا }(بدائع الصنائع422/4العلمية)
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