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Is Iddah necessary after divorce was filed for?

Answered according to Hanafi Fiqh by Fatwa-TT.com
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Question:

I am in a awkward position, 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 separated 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

http://fatwa-tt.com

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)

 

 

 

This answer was collected from Fatwa-tt.com, which is operated by the Darul Iftaa of Jaamia Madinatul Uloom (Trinidad and Tobago) under the advice and guidance of Mufti Ebrahim Desai (Daamat Barakaatuhum) of South Africa.

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