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The issuance of Divorce during a terminal illness and the Inheritance of a divorcee 

Answered according to Hanafi Fiqh by TheMufti.com
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Q. In the old days, the men would divorce their wives before they passed away. Upon their deaths, the divorced wives would not receive anything from the dead husband’s estate. They would say that the husband divorced her before he passed away and that is why he does not inherit. Was this correct?


A. If a husband has issued a Talaaq-e-Rajee (revocable divorce) to his wife and he passes away during her Iddah period, the divorced wife will be entitled to inherit a wife’s share from the deceased husband’s estate. In this case, if the divorced wife’s Iddah period terminates, she will not be entitled to inherit from the deceased husband’s estate.

On the other hand, if a husband issued a Talaaq-e-Baain (irrevocable divorce) to his wife and he passes away during her Iddah period, the divorced wife will not be entitled to inherit from the deceased husband’s estate, before or after the termination of her Iddah period.

In either of the above cases, (whether the husband issued a revocable or irrevocable divorce) and the husband passed away during her Iddah period due to suffering from a terminal illness, for e.g. cancer from which he was housebound and he had never recovered, the divorced wife will be entitled to inherit a wife’s share from the deceased husbands estate. (Tabyeenul Haqaaiq 2/245/246)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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