Jamiat KZNJamiatul Ulama KZN

Does a woman have to observe Iddat when the husband passes away if they were separated for 8 years?

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*Islamic Rulings*Marital GuidanceDivorce (Talaaq)FatwaFemale IssuesFiqh

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
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