Legal Hidad


514

Q 5: After the husband dies, his wife mourns for nearly one year or more, wears a kind of garment known as "Damoryia", and never speaks before the Maghrib (Sunset) Prayer. She refuses to mourn for four months and ten days, and never goes out of the deceased person's house. Many women mourn for a whole year or even two.Kindly give us your Fatwa regarding the Islamic mourning period, its conditions, so that we may inform our women. May Allah reward you the best reward.


A: The legal Hidad (prescribed mourning period during which a widow does not adorn herself and keeps to the home of her deceased husband) for a widow is four months and ten days, for Allah (Glorified and Exalted be He) says: And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten (days) Also, the Prophet (peace be upon him) stated: (Part No. 20; Page No. 431)  A woman must not observe mourning for more than three (days), except in the case of her husband whom she mourns for four months and ten days. (Agreed upon by Al-Bukhari and Muslim) This applies to women who are not pregnant when their husbands die. If pregnant, the mourning period for her deceased husband ends upon giving birth, even if she delivers shortly after the husband's death, for Allah (Glorified and Exalted be He) states: And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they lay down their burden It is narrated in the Two Sahih (authentic) Books of Hadith (i.e. Al-Bukhari and Muslim) that the Prophet (peace be upon him) told Subay`ah Al-Aslamiyyah when she gave birth after her husband's death that her `Iddah was over. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




Tags: