Maintenance for a widow
Question
After a woman is divorced, the ex-husband is responsible for the ex-wife’s maintenance during the Iddah period. Is it the same case when a women’s husband passes away. Will the deceased’s husband wife be entitled to receive maintenance from the estate of her deceased husband during the Iddah period?
Answer
During the Iddah period of divorce, it is the ex-husbands responsibility to maintain the ex-wife until her Iddah period terminates. However, in the case of the Iddah period of death, the wife is not entitled to maintenance from her deceased husband or his estate. She is entitled to her share of inheritance from her deceased husband’s estate. (Al Lubaab Fi Sharhil Kitaab 1/290)
As there is usually a delay in winding up the estate, the executor of the estate should ensure that funds required for the maintenance of the widow be made available to her from her share of the estate, if so required.
Note: The Iddah period of divorce is three menstrual for a menstruating woman or three months for a non-menstruating woman. The Iddah period of death is four months and ten days.
And Allah Ta’ala Knows Best
- Answered by
- Mufti Ismaeel Bassa
- Checked by
- Mufti Ebrahim Desai
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