Iddat of a woman who was separated from her husband

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My age is 70 years. I don’t have any relation with my husband since last 14 years. I am living with my children. Suddenly my husband died after 14 years. My question is that is iddat wajib on me or not? If yes then what is the right way to perform it. Please answer in detail with reference.

Bismillaah

A:

1. If you remained separated from your husband but he did not divorce you till his demise, then you were still in his nikaah till the end of his life. Hence it is compulsory upon you to sit in iddat. Your iddat had commenced immediately after his demise.

2. The iddat period of a woman whose husband passes away is four (lunar) months and ten days. This law will apply to the case where the husband passed away on the 1st of the lunar month. If he passed away on the 2nd or any time during the month, the iddat will be 130 days.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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