Iddah Of A Widow And How Is To Act Upon A Will Which Is Contrary To Shari’ah?

Darulifta Ahlesunnat

(Dawateislami)

Question

  What have Islamic scholars ruled on the following query? My elder sister’s husband has passed away, and in his life he advised my sister in his will to remain in ‘Iddah’ only until the 40th day. Now my sister and other family members are saying that the ‘Iddah’ will in fact be until the 40th day as the husband has willed for this. I wanted to find out whether this will of the husband will be acted upon or not? Also, how long is the Iddah for a woman whose husband passes away? Note: The woman is not pregnant.Questioner: Muhammad Hashim (Papush Nagar, Bab-ul-Madinah Karachi)

بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

  If the husband of a woman passes away and she is not pregnant, then her Iddah is for 4 months and 10 days, which she must complete. As the will of the husband is contrary to Shari’ah, it will therefore not be acted upon. This is because the ruling of a will is that if it is willed for such an action which contradicts the laws of Shari’ah, then it will not be acted upon. Allah Almighty states in the Holy Quran:

وَ الَّذِیۡنَ یُتَوَفَّوۡنَ مِنۡکُمۡ وَ یَذَرُوۡنَ اَزۡوَاجًا یَّتَرَبَّصۡنَ بِاَنۡفُسِہِنَّ اَرۡبَعَۃَ اَشۡہُرٍ وَّ عَشۡرًا ۚ

  And those amongst you who die leaving wives behind, they (widows) shall restrain themselves for four months and ten days.[Kanz-ul-Iman (translation of Quran)](Part. 2, Surah Al-Baqarah, Verse no. 234)

  Also, keep this fact in mind as well that if the death occurred on the first or last day of an Islamic month, then 4 months and 10 days will have to be completed in such a way that an entire 4 months period is spent (whether these months are of 29 days or 30 days), and then a further 10 days.

  If the death occurred during the month, then 130 days will have to be completed, meaning an entire 130-day period will have to be spent from the date of the death.

وَاللہُ اَعْلَمُ  عَزَّوَجَلَّ  وَرَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم

Answered by:Abu Mustafa, Muhammad Majid Raza Attari Madani