Does a woman have to observe Iddat when the husband passes away if they were separated for 8 years?
Question
My husband and I are separated for 8 years now. Is the nikaah still valid? What about iddat? In the event of his death, do I observe iddat?
Answer
If your husband did not issue a Talaaq during the separation, you still remain married to each other even though 8 years have passed. If he passes away, it will be compulsory upon you to observe the Iddah period.
A separation, regardless of the amount of time apart between spouses, does not terminate the marriage if Talaaq was not issued.
And Allah Ta’ala Knows Best
- Answered by
- Mufti Ismaeel Bassa, Mufti Moosa Salie
Where scholars differ, it’s safer to take the more cautious view.
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/does-a-woman-have-to-observe-iddat-when-the-husband-passes-away-if-they-were-separated-for-8-years/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-34924
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