The Inheritance of the Divorced Woman Also
Question :
Does a divorced woman inherit from the property of her husband, if he died before the end of her period of waiting?
Answer:
If the divorce is Raj'ah and her husband died before the end of her waiting period, then she inherits from him with the legal right of Al-Furudh. However, if she has completed her period of waiting, then there is no inheritance for her, and likewise if the divorce is irrevocable and Raj'ah is not possible, such as the woman who has been divorced through payment of money, or the woman who has been divorced for the third time and their like among the irrevocably divorced women. They have no inheritance from the husband who divorced them, because at the time of his death, they are not his wives. However, an exception from this is the woman who is divorced by her husband during his terminal illness, in order to prevent her from inheriting, for she will inherit from him during her waiting period or after it, as long as she has not remarried, even if the divorce is irrevocable according to the more correct of two opinions held by the scholars in order to invalidate his intention. And Allah is the Granter of success.
Source:
Ibn Baz
Fatawa Islamiyah, Vol. 5 Page 87
Share on WhatsApp