Should a wife who did not have sexual intercourse with her deceased husband observe `Iddah and inherit from him?


971

Q: My sister married my paternal cousin and they lived together for no less than a year during which time he did not have sexual intercourse with her. Now after his death, is it obligatory for her to observe `Iddah (woman's prescribed waiting period after divorce or widowhood)? Is she entitled to inherit from him like his brothers?


A: If the reality is as you mentioned, that the husband died while married to your sister without having had sexual relations with her, she must observe `Iddah for four months and ten days starting from the date of his death. In addition, she is entitled to her share in his inheritance. If the husband did not have sexual intercourse with his wife, this would not exempt her from observing `Iddah and Hidad (prescribed mourning period during which a widow does not adorn herself and keeps to the home of her deceased husband) and would not prevent her from having her share in his inheritance, similar to a wife whose husband dies before consummating the marriage. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




Tags: